abhijitp
07-24 01:35 PM
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form.
Different lawyers are providing different opinions on this. To follow the letter of the law, you MUST submit the employer letter.
OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?
To follow the letter of the law, you MUST submit the employer letter. My lawyer says it is extremely unlikely you will receive a rejection for this especially since USCIS says it is okay to submit without Medical clearance. In my opinion, this is a lame excuse. I am happy to wait for RN, if only there is the guarantee USCIS will issue one, and won't reject my packet rightaway!
OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)
pls find above the answers.
Different lawyers are providing different opinions on this. To follow the letter of the law, you MUST submit the employer letter.
OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?
To follow the letter of the law, you MUST submit the employer letter. My lawyer says it is extremely unlikely you will receive a rejection for this especially since USCIS says it is okay to submit without Medical clearance. In my opinion, this is a lame excuse. I am happy to wait for RN, if only there is the guarantee USCIS will issue one, and won't reject my packet rightaway!
OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)
pls find above the answers.
wallpaper MIME type: image/png)
rpatel
07-24 08:42 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
legal_la
07-02 06:05 PM
contributed 100 just now, my drop in the ocean, I will try to add more drops in coming days.
2011 MaverickFelix.png Maverick
greyhair
02-12 03:16 PM
waste of time : So many people and so many minutes.
waste of space on site : Iv lost some space because of this thread.
marketing gain : That immi business so many people visited their site when they came on iv and saw this sizzling thread about visa wastage.
Decide yourself who won and who lost...
+1
waste of space on site : Iv lost some space because of this thread.
marketing gain : That immi business so many people visited their site when they came on iv and saw this sizzling thread about visa wastage.
Decide yourself who won and who lost...
+1
more...
Imigrait
01-30 02:39 PM
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.
Please comment.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.
Please comment.
carpediem
05-15 11:08 PM
I am in agreement with JavaDeveloper on this. I am working on an H1B visa (4th year), and I have an approved EAD too. The problem is that until I get a GC, I am tied to chip design. While I have not finished 6 years on my H1B, I could move around at the cost of losing the EAD. But then my wife cannot work because she will lose her EAD, and she has already finished 6 years on H visas.
So inherently if you anticipate wanting to change fields, America is not an option. If you guys have any other ideas on this, I would love to hear from you. The only hope might be becoming a manager and filing GC again through EB1, but that seems very unlikely for semiconductor firms.
So inherently if you anticipate wanting to change fields, America is not an option. If you guys have any other ideas on this, I would love to hear from you. The only hope might be becoming a manager and filing GC again through EB1, but that seems very unlikely for semiconductor firms.
more...
GCBy3000
03-16 02:47 PM
Dude it is legal and why are you annoyed with people who play by rules. Though I did not use this eventhough I could, it does not mean I should hate who uses this law. I bet, if you had even a very thin chance of doing this one without jeopradizing your existing job and status, you would have gone for it.
You could do whatever is good for you within the limits of law. No matter what you do, always there will be some people who will not be happy for some reason.
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
You could do whatever is good for you within the limits of law. No matter what you do, always there will be some people who will not be happy for some reason.
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
2010 the Ubuntu 10.10 Maverick
deepakjain
06-08 06:33 PM
My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:
You might get your GC while you are at the retirement home....
You might get your GC while you are at the retirement home....
more...
ilikekilo
10-15 08:59 PM
ok what receipt # are you guys talking about? i think iam little confused..
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
hair Blue Maverick in Black and
ghost
08-12 07:30 AM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Unsolicited advice - Let's put a small amount as a deposit before we begin these efforts - 6 USD per week for 6 months (signing up for 25 USD per month for 6 months)...I did it and took me 5 minutes, now I am more dedicated to this effort than ever before and am sure that this dedication will have a positive impact on our future efforts...thanks for reading!
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Unsolicited advice - Let's put a small amount as a deposit before we begin these efforts - 6 USD per week for 6 months (signing up for 25 USD per month for 6 months)...I did it and took me 5 minutes, now I am more dedicated to this effort than ever before and am sure that this dedication will have a positive impact on our future efforts...thanks for reading!
more...
arvindkappula
01-19 12:19 AM
Since my statement about making copies of offical US documents is causing confusion, let me rephrase & elaborate -
I, as many of you were, was stopped and requested to provide proof of immigration status. I had a color photocopy of my US Visa Stamp of my passport.
Besides the fact that the Border Patrol agent denied the photocopy as proof of immigration status, he did let me go as soon as I provided my College ID and a DL, warning me that it is against the law to make a photocopy of an official US IMMIGRATION document FOR PERSONAL USE. I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE. So, while you are allowed to provide photocopies of official US documents for official government purposes, you cannot make copies of official US IMMIGRATION documents for personal use. I have a pretty busy schedule so I don't have the patience to search, cut and paste the section of the law which refers to this since I did research this at that time and deemed correct the Border Agent's warning.
Are you sure that you were able to make a color photocopy of your passport? How did you manage to do that, at your work copy machine or from Kinko's, Staples, office depot, or some where else?
The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).
I, as many of you were, was stopped and requested to provide proof of immigration status. I had a color photocopy of my US Visa Stamp of my passport.
Besides the fact that the Border Patrol agent denied the photocopy as proof of immigration status, he did let me go as soon as I provided my College ID and a DL, warning me that it is against the law to make a photocopy of an official US IMMIGRATION document FOR PERSONAL USE. I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE. So, while you are allowed to provide photocopies of official US documents for official government purposes, you cannot make copies of official US IMMIGRATION documents for personal use. I have a pretty busy schedule so I don't have the patience to search, cut and paste the section of the law which refers to this since I did research this at that time and deemed correct the Border Agent's warning.
Are you sure that you were able to make a color photocopy of your passport? How did you manage to do that, at your work copy machine or from Kinko's, Staples, office depot, or some where else?
The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).
hot 10-10-maverick-meerkat-foi
Hope_GC
07-16 08:05 PM
Guys Looking at this false propagandas my blood boils after paying whole lot of taxes... we get to see these claims. :mad:
more...
house Live shows with Mark Maverick
logiclife
04-20 02:22 PM
I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
tattoo orange #39;Cavs#39; logo,
nomi
12-11 02:54 PM
Does anybody know who do we need to contact in USCIS about this rule making policy or ask them to consider this option. I hope there should be some department or office in USCIS who make all these rules. I think we should contact them and ask them what are our options here.
thx.
thx.
more...
pictures Proto-Maverick Symbol
gautamagg
04-23 03:44 PM
Are you one of the guys who considered going to France as you cannot go to school Full time?
yes
yes
dresses 109 Free Icons[32px Trans PNG
Novice
07-15 12:31 PM
I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?
more...
makeup preview_update-500x312.png
chanduv23
09-19 10:52 AM
I was part of the rally... I am proud of IV and everyone who attended it..WHAT tri-state chapter are you talking about ?? How many people are enrolled in it and how many showed up for the rally???
We have a yahoogroups - I am not sure how many attended from that but it has been passive with only few members posting always - I was constantly posting on that urging people to join the rally.
Around 80 people are signed in, you can sign in by visiting http://iv-tristate.blogspot.com/
We have a yahoogroups - I am not sure how many attended from that but it has been passive with only few members posting always - I was constantly posting on that urging people to join the rally.
Around 80 people are signed in, you can sign in by visiting http://iv-tristate.blogspot.com/
girlfriend Maverick-Boss429-Engine-
rdehar
10-12 02:44 PM
Wow. I see a lot of EB-3 are pre-2005 (pre-PERM). Same poll for EB-2 shows most approvals are in PERM period.
Me also is EB-3 India Jun 2004. I-140/485 filed and pending.
Me also is EB-3 India Jun 2004. I-140/485 filed and pending.
hairstyles MIME type: image/png)
HV000
03-18 09:54 PM
Common Guys. Let's focus on the topic of this thread...
xyzgc
01-16 05:55 PM
you buy a house when you don't have your green card, reduced to a single income with a new born, what else is gonna happen? Go buy BMW 3 series if you don't have one. Go invest thousands of dollars in stocks and then cry how your stock portfolio got wiped out (stocks will recover but by that time you'll have sleep disorder). I'm sorry to hear abt your daughter though, its not your fault but everything else is.
During 2001-3 recession, the time when the valley was hardest hit, one of my friends was forced to go India and wanted to leave his car behind because he came in 2001 and left a year later. People think when they come to the US of A, they fulfilled their life's ambition, not realizing their temporary status and immediately start buying new expensive cars and living it up! In another thread, my recommendation has been to buy a house rather than keep worrying over prices to reach rock bottom, but not unless you are green with a dual income and plans to live long term. How can you pan to live long term without being a resident is something I don't understand..
During 2001-3 recession, the time when the valley was hardest hit, one of my friends was forced to go India and wanted to leave his car behind because he came in 2001 and left a year later. People think when they come to the US of A, they fulfilled their life's ambition, not realizing their temporary status and immediately start buying new expensive cars and living it up! In another thread, my recommendation has been to buy a house rather than keep worrying over prices to reach rock bottom, but not unless you are green with a dual income and plans to live long term. How can you pan to live long term without being a resident is something I don't understand..
ashwin_27
02-07 06:09 PM
I will be traveling from the west coast and am trying to find other South Cal folks who are travelling to the event. Maybe we can coordinate travel, if possible.
Also, would appreciate any car pooling options when in DC/VA.
Also, would appreciate any car pooling options when in DC/VA.
No comments:
Post a Comment