Sunx_2004
07-15 01:53 PM
I agree, Don't waste single minute and consult attorney if you haven'nt done so..
Good luck
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.
Good luck
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.
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alisa
01-27 12:39 PM
Arghhh!!!! I didn't want to start this.
Lets hope things change to improve your situation in conjunction with improving my situation, and not at the expense of it.
Well Alisa,
Do you think its fair to discriminate someone based on their country of birth with all else being equal ?
Lets hope things change to improve your situation in conjunction with improving my situation, and not at the expense of it.
Well Alisa,
Do you think its fair to discriminate someone based on their country of birth with all else being equal ?
sc3
10-16 02:48 PM
I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications. USCIS had to use up the numbers so they took the path of least resistance -- not the right thing to do -- but it can't be branded as a "reaction" to the July 07 issue.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications. USCIS had to use up the numbers so they took the path of least resistance -- not the right thing to do -- but it can't be branded as a "reaction" to the July 07 issue.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
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BharatPremi
03-17 01:33 PM
1) Labor Substitution
2) Long EB3 queue and thus switching to EB2
3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
4) I-140 approval queue
5) Name Check queue
6) Bogus multiple filings filing (To take a chance people pursue multiple
filings. This generally is done through desi
companies. In general one valid filing and other
is worked out for rainy days)
7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
husband as principal applicant and other is with Wife
a principal applicant)
8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current
All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
streams flourished out of frustration or manipulataive calculation to have security net.
2) Long EB3 queue and thus switching to EB2
3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
4) I-140 approval queue
5) Name Check queue
6) Bogus multiple filings filing (To take a chance people pursue multiple
filings. This generally is done through desi
companies. In general one valid filing and other
is worked out for rainy days)
7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
husband as principal applicant and other is with Wife
a principal applicant)
8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current
All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
streams flourished out of frustration or manipulataive calculation to have security net.
more...
boldm28
04-05 09:14 AM
in my opinon its a supply demand market ..if some companies are exploting people who are consulting .. it has it shares of good things
1) no big company will generate a pay stub (just by payin u paying the taxes and being on bench)... which by the way is required to do things like renting or getting a credit card
2) not every big company does your GC .. this is from First hand exp .. a friend of mine worked for CISCO for 5 yrs at a very good sal but cause cisco was not able to file his labor he swtiched and now is making half of what he used to make at cisco . but again that is his call
3) Nobody put a gun to your head and asked you to come with an H1 body shop
i am just playing a devils advocate ....
1) no big company will generate a pay stub (just by payin u paying the taxes and being on bench)... which by the way is required to do things like renting or getting a credit card
2) not every big company does your GC .. this is from First hand exp .. a friend of mine worked for CISCO for 5 yrs at a very good sal but cause cisco was not able to file his labor he swtiched and now is making half of what he used to make at cisco . but again that is his call
3) Nobody put a gun to your head and asked you to come with an H1 body shop
i am just playing a devils advocate ....
sweet23guyin
01-16 05:10 PM
As a consultant, I go through similar experience every other year/project. With family growing, I can't digest myself in full time job and settling down in my own house!
Nice post though, with good sense of humor and timing; interesting subject for a documentary
Nice post though, with good sense of humor and timing; interesting subject for a documentary
more...
kumarc123
03-12 11:48 AM
I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.
Dude you have only 27 posts
You have no information listed
For all the reasons, you could be bull shitter over here,
before pointing fingers take a look in the mirror.
This guys a classic
Dude you have only 27 posts
You have no information listed
For all the reasons, you could be bull shitter over here,
before pointing fingers take a look in the mirror.
This guys a classic
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perm2gc
01-03 10:40 PM
I was trying to find out chinese portals, but no luck. I dont have any chinese friends who are stuck in this EB mess. Are we trying to get any chinese, philippino members?
yes.We want to increase our memberships from all communities.
yes.We want to increase our memberships from all communities.
more...
vin
06-12 02:06 PM
I don't think they're considering the Cantwell amendment. The only amendments being considered are as below. Go to http://www.foxnews.com/story/0,2933,280993,00.html (http://www.foxnews.com/story/0,2933,280993,00.html)for complete article
Proposed Resolution to the Standoff
One of the proposals to overcome the impasse is to offer a limited list of Republican-sought amendments that could be considered before a final vote on the measure.
Bill supporters say, for now, their strategy is to get a list of proposed amendments from the authors of the border security letter � Sens. Jim DeMint of South Carolina, Tom Coburn and Jim Inhofe of Oklahoma, Mike Enzi of Wyoming, David Vitter of Louisiana, Jim Bunning of Kentucky, Charles Grassley of Iowa, John Ensign of Nevada and Jeff Sessions of Alabama.
�The details of exactly how we get from where we are now to the finish line is not something we�re prepared to announce today but I do think this bill is about 80 or 85 percent of the way through toward the finish line and we don�t have any interest in giving up on it,� Senate Minority Leader Mitch McConnell said after meeting with the president.
Proposed Resolution to the Standoff
One of the proposals to overcome the impasse is to offer a limited list of Republican-sought amendments that could be considered before a final vote on the measure.
Bill supporters say, for now, their strategy is to get a list of proposed amendments from the authors of the border security letter � Sens. Jim DeMint of South Carolina, Tom Coburn and Jim Inhofe of Oklahoma, Mike Enzi of Wyoming, David Vitter of Louisiana, Jim Bunning of Kentucky, Charles Grassley of Iowa, John Ensign of Nevada and Jeff Sessions of Alabama.
�The details of exactly how we get from where we are now to the finish line is not something we�re prepared to announce today but I do think this bill is about 80 or 85 percent of the way through toward the finish line and we don�t have any interest in giving up on it,� Senate Minority Leader Mitch McConnell said after meeting with the president.
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WillIBLucky
12-29 08:45 AM
good question - I do not visit the website often. I remembered the website out of the blue only yesterday. After about 1 1/2 year I visited that website yesterday. So it was out of my mind.
Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
more...
feedfront
11-02 12:43 PM
RFE : Sep 10 2010,
Did you receive physical card?
Did you receive physical card?
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shantak
03-17 11:24 AM
PD: March 2005
India
I140 approved
No FP yet
I-485 July
EAD and FP approved
India
I140 approved
No FP yet
I-485 July
EAD and FP approved
more...
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feedfront
09-22 07:08 PM
Guys,
Today I spent around $300 to start medical exam report. I've to still to do lab work and may need x-ray. I was working with my swollen arm and got this message..
Your Case Status: Card/ Document Production On September 22, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
-----
Now I have to wait.. I will skip tomorrow's lab :rolleyes: and talk to my attorney. Confused yet happy
Today I spent around $300 to start medical exam report. I've to still to do lab work and may need x-ray. I was working with my swollen arm and got this message..
Your Case Status: Card/ Document Production On September 22, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
-----
Now I have to wait.. I will skip tomorrow's lab :rolleyes: and talk to my attorney. Confused yet happy
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invincibleasian
01-27 10:19 PM
The country caps ensure equal distribution of immigrants from all parts of the world and not only the countries which have poured in immigrants in the last few decades.
more...
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485Mbe4001
06-08 11:57 AM
I would agree with the others that name check is a black hole. I had contacted congressman and senators during 'meet the lawmakers', but my contact at the congressmans office said that there is nothing that he can do to help me expediate the name check.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
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texanmom
09-26 11:46 AM
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
If we make a big enough noise, perhaps we can get CNN to write an article focusing on our issues. Please continue to press for changes.
If we make a big enough noise, perhaps we can get CNN to write an article focusing on our issues. Please continue to press for changes.
more...
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dotnetguru
04-08 11:11 PM
Well..you cut your BS first..just because Its not first hand doesnt mean it is unreal..just because I posted on IV doesnt mean I expected IV to take up this case..just b'coz sucker like you saw two different lanes in the airport doesnt mean all airports are like that..I posted my experience in the airport I travelled thru..I dont have to prove to morons like you.
You dont need to be best and brightest to tell me that Airports have different lanes..Oh..yeah...how will I know..I sneaked through Texas border...I never said all ppl stand in the same lane..I said, queues are different but unless you are deaf to your a** you can hear most of the conversation..atleast I did..I dont care if you didnt in your case?
different lanes means like up to 5 to 20 lanes for only citizens and gc holders.there will be some space with the division with that belt u see in airports and then up to 5 to 20 lanes for visa holders.number of lanes differ based on the size of the airport.this is what i have seen in newark,ATL,PHI,CLT,MIA.now ur friends might be in corner lane and then there is space and then that visa holder who got sent back is also in corner lane to be able to hear if at all it is possible to hear.so now tell me which airports do not have separation like that. any one can pitch in.i could hardly hear the next person questions how come ur friend had heard in the above scenario.beats me...
You dont need to be best and brightest to tell me that Airports have different lanes..Oh..yeah...how will I know..I sneaked through Texas border...I never said all ppl stand in the same lane..I said, queues are different but unless you are deaf to your a** you can hear most of the conversation..atleast I did..I dont care if you didnt in your case?
different lanes means like up to 5 to 20 lanes for only citizens and gc holders.there will be some space with the division with that belt u see in airports and then up to 5 to 20 lanes for visa holders.number of lanes differ based on the size of the airport.this is what i have seen in newark,ATL,PHI,CLT,MIA.now ur friends might be in corner lane and then there is space and then that visa holder who got sent back is also in corner lane to be able to hear if at all it is possible to hear.so now tell me which airports do not have separation like that. any one can pitch in.i could hardly hear the next person questions how come ur friend had heard in the above scenario.beats me...
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webm
06-06 01:56 PM
It sounds NSC is approving lot of EB2 cases these past few months..good for EB2 folks with PD current..:)
----------------------
PD EB3-I Oct ,2001 (TSC)
----------------------
PD EB3-I Oct ,2001 (TSC)
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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.
tooclose
07-13 10:24 AM
It is not a contradiction to the previous statement.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
caydee
04-22 01:04 AM
Quite a few number of ppl from IV attended and i do hear that some good things are going on in the background, esp with the Congressman's Guiterrez's office...Hopefully something good will happen for all of us out this....
Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.
The Congressman's speech also covered both family and employment based immigration issues and this, in my opinion, justifies the association of the term "Comprehensive" with the STRIVE bill. This bill, being comprehensive in nature, deserves broad-based support. I am sure we all can do our part to ensure that this happens.
Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.
The Congressman's speech also covered both family and employment based immigration issues and this, in my opinion, justifies the association of the term "Comprehensive" with the STRIVE bill. This bill, being comprehensive in nature, deserves broad-based support. I am sure we all can do our part to ensure that this happens.
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