shakunbansal
09-20 08:53 PM
Anybody with case filed on aug9th with NSC recieved any notice??
wallpaper 2007 MINI Cooper S Base Park
gc_aug_2010
08-24 05:48 PM
Hi guys,
Did anyone here get this RFE (quoted below)? I have been working for the sponsoring company for the past 5+ years at various client locations. The current location is a different state from the employer state. I always had all LCA's etc..So any tips on how to respond is highly appreciated.
Is just an EVL stating "same terms as in I-140 apply and still continue to offer" be good enough? Or do u guys suggest sending current LCA and pay stubs? I really dont want to send too much or too less..
I know people have different things to say and my lawyer will have his own opinion, but i wanted to see if anyone got this and how their lawyers responded and what response got their approval. Thanks in advance
"The documentation submitted with your application and/or a review of Service records indicates that you no longer reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.
Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this discrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist."
Did anyone here get this RFE (quoted below)? I have been working for the sponsoring company for the past 5+ years at various client locations. The current location is a different state from the employer state. I always had all LCA's etc..So any tips on how to respond is highly appreciated.
Is just an EVL stating "same terms as in I-140 apply and still continue to offer" be good enough? Or do u guys suggest sending current LCA and pay stubs? I really dont want to send too much or too less..
I know people have different things to say and my lawyer will have his own opinion, but i wanted to see if anyone got this and how their lawyers responded and what response got their approval. Thanks in advance
"The documentation submitted with your application and/or a review of Service records indicates that you no longer reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner and/or the job location specified by your intended permanent employer.
Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this discrepancy. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist."
sayantan76
07-08 03:34 PM
I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.
Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution
That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.
Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution
That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
2011 2007 MINI Cooper S Base Lake
eers
07-09 10:55 PM
may be some one can draft a news and post at wiki news
http://en.wikinews.org/wiki/Main_Page
http://en.wikinews.org/wiki/Main_Page
more...
test101
07-10 08:11 AM
maybe we can do web fax ,. so members can fax these information as well, and the media knows they need this .. can this be done?
priti8888
10-08 12:55 PM
Today, 12:32 PM
EndlessWait
Senior Member Join Date: Jul 2006
Posts: 227
GC must be FIFO based only i.e PD
--------------------------------------------------------------------------------
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda. ----------------------------------------------
aside from 1)increasing numerical caps,
2)reducing processing delays,
3)eliminating per country limits,
4)eliminiting career stagnation rules,
5)aside from visa recapturing,
6)aside from not wasting visas,
7)aside from eliminating name-check backlogs..,
8) aside from allocating one visa per family as opposed to one visa per person---.----you want them to change their internal system as well!
I understand the entire system needs an overhaul,but it would be great if IV acheives even one of the above agendas....
EndlessWait
Senior Member Join Date: Jul 2006
Posts: 227
GC must be FIFO based only i.e PD
--------------------------------------------------------------------------------
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda. ----------------------------------------------
aside from 1)increasing numerical caps,
2)reducing processing delays,
3)eliminating per country limits,
4)eliminiting career stagnation rules,
5)aside from visa recapturing,
6)aside from not wasting visas,
7)aside from eliminating name-check backlogs..,
8) aside from allocating one visa per family as opposed to one visa per person---.----you want them to change their internal system as well!
I understand the entire system needs an overhaul,but it would be great if IV acheives even one of the above agendas....
more...
gc_on_demand
08-29 08:26 AM
gc_on_demand , are you with a desi consulting firm or with a US software company
Its not Desi company.. Its US company but not software co.
Its not Desi company.. Its US company but not software co.
2010 2007 MINI Cooper S Base Murray
makemygc
06-22 11:05 AM
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
more...
czarseattle
05-03 07:14 PM
More conservatives are backing our cause than liberals. Seems counter initutive to me. Mid-western, southern red state senators are supporting high-tech immigration while I dont seem to hear anything from coastal blue state senators except about illegal immgirants. Why?
hair 2007 Mini Cooper Gravity
bebar
06-14 03:31 PM
They are not personal checks. So there is no way for me to find if the checks were cashed or not. But attorney said, it takes minimum two weeks. But it looks like many have gotten their receipts.
Are you checks cashed?
Are you checks cashed?
more...
bobzibub
07-08 12:13 AM
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
If there must be a number at the day of filing, who's responsibility is it to manage that then? The applicant's? I filed my eb-485 based upon *their* indication that there were numbers available. I relied upon them in good faith that there were. Now I understand that they did their best to use them up as soon as they issued the visa bulletin--probably because the July 485s would not be at the higher fee schedule.
I think a judge would have no option but to allow the filings. It is not that allowing the 485s to stand would break the "numbers must be available" law. That law has already been broken, when they put Cs all over the visa bulletin.
Cheers,
-b
If there must be a number at the day of filing, who's responsibility is it to manage that then? The applicant's? I filed my eb-485 based upon *their* indication that there were numbers available. I relied upon them in good faith that there were. Now I understand that they did their best to use them up as soon as they issued the visa bulletin--probably because the July 485s would not be at the higher fee schedule.
I think a judge would have no option but to allow the filings. It is not that allowing the 485s to stand would break the "numbers must be available" law. That law has already been broken, when they put Cs all over the visa bulletin.
Cheers,
-b
hot 2007 Mini Cooper S
joeshmoe
06-05 10:01 PM
Immigration-law.com just reported that "As reported by the USCIS, the Service Centers are currently experiencing the receipting frontlogs. In some cases, there are frontlog of 45 days or longer...".
I pray to God that I will not need to wait 2 months for my receipt...
Mula.
I pray to God that I will not need to wait 2 months for my receipt...
Mula.
more...
house 2007 MINI Cooper S Base Lake
gsc999
07-19 07:06 PM
Zoooom thanks for doing this. Anzerraja good work. You two work good as a team.
Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.
We should merge all other threads dealing with this issue over here for convenience
Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.
We should merge all other threads dealing with this issue over here for convenience
tattoo 2007 Mini Cooper interior
waiting4_gc
10-08 08:50 PM
no RN no check cashed
more...
pictures 2007 MINI Cooper S Base Willow
skd
07-10 05:37 PM
Any rallies Near Portland Oregon Area this weekend ?
dresses 2007 MINI Cooper S Base
485Mbe4001
07-28 12:29 PM
good post with good points.
Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.
(On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.
(On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
more...
makeup 2007 Mini Cooper S Hatchback
breddy2000
01-30 07:51 PM
Guys,
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
Looks like the world we are living in does not care about conventional wisdom any more....
--- Conventional wisdom says, if you are talented and hard working you will be rewarded. This does not matter to EB Folks as there is per country limit.
--- Conventional wisdom says, if you found a good company to invest in, you are sure to make profits . This does not matter in the current Wall Street and economic environment.
--- Conventional wisdom says, if you have good education from top US university you are most probably gonna get good job. However this does not matter as long as there are desi Consultants who exploit the system.
--- Conventional wisdom says, if you work hard and smart enough you are bound to get promoted. This does not matter to EB Folks as there is retrogression to make you do the same job until you get frustrated.
--- Conventional wisdom says, if you have good bank balance you can get richer. This does not matter as you try to multiply your savings by investing in a House / Stock Market you lose all you saved to foreclosure or to wall street goons.
--- Conventional wisdom says, being ethical and honest is the best policy. This does not matter as someone else gets the job you applied for with their cooked up resume.
And the list goes on and on every front in your life.......and whom do we we blame, but the system that encourages this bad behaviour....
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
Looks like the world we are living in does not care about conventional wisdom any more....
--- Conventional wisdom says, if you are talented and hard working you will be rewarded. This does not matter to EB Folks as there is per country limit.
--- Conventional wisdom says, if you found a good company to invest in, you are sure to make profits . This does not matter in the current Wall Street and economic environment.
--- Conventional wisdom says, if you have good education from top US university you are most probably gonna get good job. However this does not matter as long as there are desi Consultants who exploit the system.
--- Conventional wisdom says, if you work hard and smart enough you are bound to get promoted. This does not matter to EB Folks as there is retrogression to make you do the same job until you get frustrated.
--- Conventional wisdom says, if you have good bank balance you can get richer. This does not matter as you try to multiply your savings by investing in a House / Stock Market you lose all you saved to foreclosure or to wall street goons.
--- Conventional wisdom says, being ethical and honest is the best policy. This does not matter as someone else gets the job you applied for with their cooked up resume.
And the list goes on and on every front in your life.......and whom do we we blame, but the system that encourages this bad behaviour....
girlfriend 2007 MINI Cooper S Base
EB3_SEP04
08-15 11:55 AM
EAD Paper Filed (EB3-India, PD Nov 2006 : For Me and My spouse)
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS) and still waiting for my spouse's EAD approval.
Thanks
Raghav235
Raghav, congrats and thanks for the update.
Is July 08, 2008 also the Notice Date on your receipt notice? I'm wondering if generally there is one more LUD after the notice date and before the approval, when they pull the file off the shelf and start working on the case.
for me no LUD after notice date.
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS) and still waiting for my spouse's EAD approval.
Thanks
Raghav235
Raghav, congrats and thanks for the update.
Is July 08, 2008 also the Notice Date on your receipt notice? I'm wondering if generally there is one more LUD after the notice date and before the approval, when they pull the file off the shelf and start working on the case.
for me no LUD after notice date.
hairstyles MINI Cooper and Cooper S
drirshad
08-19 03:23 AM
Indeed we are IT professionals, the billing stops our brain stops ......
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
Abhishika
11-21 07:08 AM
Sorry to hear this.
I think if there is a genuine reason , may be the 485 can be expedited.
1 Could you call up the IO and ask them what to do ?
2 Meanwhile check wiith ur lawyer.
I feel its better for ur wife to go back to the home country ..
May be u too can go now itself and have a good time for the next 6 months.
Abhi
I think if there is a genuine reason , may be the 485 can be expedited.
1 Could you call up the IO and ask them what to do ?
2 Meanwhile check wiith ur lawyer.
I feel its better for ur wife to go back to the home country ..
May be u too can go now itself and have a good time for the next 6 months.
Abhi
SleeplessinSeatle
08-18 12:12 AM
LUD on 08/05/07
Other details are in signature.
Other details are in signature.
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