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optimist
06-22 01:34 PM
...The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones...
I agree with what thomachan72 says. You are better off sending only the necessary documents to keep your case crisp, instead of confusing the adjudicator with reams of paperwork. I don't think you need to write a letter explaining non-availability of experience letter. I certainly DO NOT recommend bringing up the bond and other disputes with your previous employer.
Like you discovered yourself, your case got an RFE because of the missing document. With all the affidavits, paystubs and offer letter you have a clean case. Don't mess it up by giving too many unncessary documents.
Good luck to you, my friend.
I agree with what thomachan72 says. You are better off sending only the necessary documents to keep your case crisp, instead of confusing the adjudicator with reams of paperwork. I don't think you need to write a letter explaining non-availability of experience letter. I certainly DO NOT recommend bringing up the bond and other disputes with your previous employer.
Like you discovered yourself, your case got an RFE because of the missing document. With all the affidavits, paystubs and offer letter you have a clean case. Don't mess it up by giving too many unncessary documents.
Good luck to you, my friend.
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hcard
08-22 12:57 PM
My checks got encashed this friday. Applications were delivered to NSC on July 2nd, later forwarded to TSC. My I140 was approved in TSC.
amsgc
06-20 02:26 PM
Dude,
The update was posted last night for members who signed up: http://groups.google.com/group/goivgaiv?hl=en
Same here. GA chapter google groups member
The update was posted last night for members who signed up: http://groups.google.com/group/goivgaiv?hl=en
Same here. GA chapter google groups member
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eagerr2i
07-01 01:52 PM
http://www.kpfk.org/index.php?option=com_content&task=view&id=260&Itemid=82&lang=en
Click on the link above for listening to streaming media.
The call in number is (818) 985 5735.
Click on the link above for listening to streaming media.
The call in number is (818) 985 5735.
more...
LostInGCProcess
05-05 02:44 AM
Update:
The Doctor admitted his mistake.
He completely forgot to mark the TB test earlier.
He was ready to back date to avoid more inconveniance to me.
But I told him to be sincere in all aspects.
I basically forced him to give my wife a TB test again and also the x-ray.
Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
Hopefully they will mark the case as - resume processing.
If I were you, I would not have gone with the repeat of X-ray test unless it was absolutely necessary. X-ray are very harmful to the human cells and tissues. It was a ( Probably honest) mistake by the doctor who was going to give the correct report...and you forced him to take the x-ray again!! hmmmmm....I have nothing more to say.
The Doctor admitted his mistake.
He completely forgot to mark the TB test earlier.
He was ready to back date to avoid more inconveniance to me.
But I told him to be sincere in all aspects.
I basically forced him to give my wife a TB test again and also the x-ray.
Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
Hopefully they will mark the case as - resume processing.
If I were you, I would not have gone with the repeat of X-ray test unless it was absolutely necessary. X-ray are very harmful to the human cells and tissues. It was a ( Probably honest) mistake by the doctor who was going to give the correct report...and you forced him to take the x-ray again!! hmmmmm....I have nothing more to say.
Pagal
03-23 05:26 PM
Hello jsb,
Yes, I guess I went through that scrutiny when I submitted the employment letter and payslips and W-2 last month...the IO had told me that he had employment letter from 2007 so he would like a current one and he wanted my tax details compared to W-2 to see if there was any other income apart from my job income.
Time will tell... :)
Yes, I guess I went through that scrutiny when I submitted the employment letter and payslips and W-2 last month...the IO had told me that he had employment letter from 2007 so he would like a current one and he wanted my tax details compared to W-2 to see if there was any other income apart from my job income.
Time will tell... :)
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glus
01-25 12:03 PM
I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.
USCIS has F1 file. Why did they not reject I-140?
They cannot reject...I thaught I exaplained it clearly enough....
USCIS has F1 file. Why did they not reject I-140?
They cannot reject...I thaught I exaplained it clearly enough....
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spicy_guy
09-23 05:52 PM
I agree with Ronhira. He is not campaigning for dems.
What he says is right. There is more to saying "he is doing a lip service, didn't fix this, didn't do this", etc.. Yes, he would have said that. But there is a lot more to think about than simply saying "he didn't do xyz". He deals tons of things day in and day out, and with a lot more force.
We need to completely come out of our frustration mode and think about that. Its not a one man job to get a bill passed. It take A LOT!
He inherited the worst economy when he assumed office and he took it to thus far. He got the healthcare reform passed, which is as sensitive and as complex as Immigration.
Don't say I am campaigning or pro-dem. I don't care a dime about politics. :D
What he says is right. There is more to saying "he is doing a lip service, didn't fix this, didn't do this", etc.. Yes, he would have said that. But there is a lot more to think about than simply saying "he didn't do xyz". He deals tons of things day in and day out, and with a lot more force.
We need to completely come out of our frustration mode and think about that. Its not a one man job to get a bill passed. It take A LOT!
He inherited the worst economy when he assumed office and he took it to thus far. He got the healthcare reform passed, which is as sensitive and as complex as Immigration.
Don't say I am campaigning or pro-dem. I don't care a dime about politics. :D
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desi3933
03-02 03:24 PM
Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).
Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
Check this link
NAFTA • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)
_______________________
Not a legal advice.
US citizen of Indian origin
Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
Check this link
NAFTA • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)
_______________________
Not a legal advice.
US citizen of Indian origin
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skd
08-21 11:14 AM
Any body ELse Got Recipt form Texas Center
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invincibleasian
02-05 12:55 PM
I have two 797s: one which is current valid till June 2007 and the other from July '07 till July '10 (using my approved I140). I am going for visa stamping this March at Chennai consulate. Can they combine both my 797s and stamp me till 2010 or they'll do it only till June 2007?
They will stamp for the latest i797A. The old one is obsolete. If you notice the I94 numbers are the same.
They will stamp for the latest i797A. The old one is obsolete. If you notice the I94 numbers are the same.
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zoooom
07-13 11:58 AM
man..This seems like forever.
more...
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casinoroyale
03-18 09:40 AM
I also don't think this is true. After you get your 3-year H1B extension beyound the 6-year limit and say your 485 gets denied while you are in 7th year, you can still stay and work for the rest of the 2 years on your H1B and use those 2 years to file for new LC etc.
Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
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diptam
07-13 11:17 AM
There were speculations that AUG bulletin will be released at 1 AM EST , then 2AM EST , then 10 AM ESt , then 11 AM EST....
None of the speculations came out True - Anyone has any idea when AUG Bulletin will actually come out ?
That's the key word here. ....I don't believe in "reliable" sources. I need to see the outcome.
None of the speculations came out True - Anyone has any idea when AUG Bulletin will actually come out ?
That's the key word here. ....I don't believe in "reliable" sources. I need to see the outcome.
more...
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uslegals
09-21 09:29 AM
Way to go SWEDE..! I like that..!!
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krishna.ahd
10-02 12:23 PM
Hi
I work as independant consultant as aslways have risk of no assignment for shorter term.
This is what i do - see if it helps
- Create emergency fund for 3/6 months if you dont have already one in place.
Atleast 3 months, depends on how much one feel secure / confident to getting another assignment/job in case of job lost
- Open/get approve HELOC -
dont use untill necessary - if any further emergency you can tap that always
- Start paying the mortgage as additional principal some part of your surplus (even $100) every month which helps you get higher limit of HELOC at later date
I work as independant consultant as aslways have risk of no assignment for shorter term.
This is what i do - see if it helps
- Create emergency fund for 3/6 months if you dont have already one in place.
Atleast 3 months, depends on how much one feel secure / confident to getting another assignment/job in case of job lost
- Open/get approve HELOC -
dont use untill necessary - if any further emergency you can tap that always
- Start paying the mortgage as additional principal some part of your surplus (even $100) every month which helps you get higher limit of HELOC at later date
more...
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zCool
03-09 03:17 AM
isn't ability to pay normally satisfied directly via paystubs and W2 when you have worked for the company. esp if company has already paid you for the period of say 1 yr then ability to pay is proven no?
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kc_p21
04-23 10:42 AM
First thing is why members have found that title is scary? I dont think it is scary......it might attract your attention. Probably most of people who got scared might be using EAD or are considering using it.<br><br>
I think using AC21 does not imply that 485 will be denied.<br><br> In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
<br><br> I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa..........<br><br> For using AC21 just make sure that:<br><br>
140 is approved<br><br>Your GC sponsor will not revoke 140<br><br>Your GC job description and new EAD job description are same or similar (title does not matter) <br><br> ONet code for both the jobs match.<br><br><br><br> If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485.<br><br> Hope this helps and people who got scared does not gives me red dots for speaking aloud.
<br><br> Support IV and make the difference for yourself and everyone else in the immigrant community.
Thanks for your input.
I think using AC21 does not imply that 485 will be denied.<br><br> In a hypothetical situation lets assume it is denied we need to find why it is being denied? One can always switch to h1b (with previous employer - should be valid when AOS is denied) by going to home country and getting h1b stamp on passport but even before you have to do it you can appeal in court and you will be able to stay here.
<br><br> I was discussing the same issue today with Ron Gotcher ( you can find it on his website as I have the same userid) and he said unless you are inadmissible or commit a fraud or have broken immigration law in past AOS is not denied. Just in case if you have done any of the above three things then your AOS can be denied and you can not even get any type of non immigrant visa..........<br><br> For using AC21 just make sure that:<br><br>
140 is approved<br><br>Your GC sponsor will not revoke 140<br><br>Your GC job description and new EAD job description are same or similar (title does not matter) <br><br> ONet code for both the jobs match.<br><br><br><br> If you ensure the above things then there is no issue using EAD for a job after 180 day of filing 485.<br><br> Hope this helps and people who got scared does not gives me red dots for speaking aloud.
<br><br> Support IV and make the difference for yourself and everyone else in the immigrant community.
Thanks for your input.
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vladdrac
05-31 09:07 PM
...see the second post on this page.
Hey DJ, I dig that a whole hell of a lot. Looking real clean
Hey DJ, I dig that a whole hell of a lot. Looking real clean
optimist578
12-03 04:50 PM
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
I don't think there is any rule stating that you cannot join a new employer before finishing 180 days of AOS pending. I joined my new employer as soon as I filed my I-485. Although, I transfered my H1B also (did not use EAD).
If your previous employer has assured you that they will not revoke your I-140, then I think you can freely go ahead with your new job by transferring your H1B. Although, USCIS will not give you a 3 year H1B extension because you have already filed AOS.
I am in exactly the same situation as you are, in fact I have already jumped into this new boat quite some time ago.
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
I don't think there is any rule stating that you cannot join a new employer before finishing 180 days of AOS pending. I joined my new employer as soon as I filed my I-485. Although, I transfered my H1B also (did not use EAD).
If your previous employer has assured you that they will not revoke your I-140, then I think you can freely go ahead with your new job by transferring your H1B. Although, USCIS will not give you a 3 year H1B extension because you have already filed AOS.
I am in exactly the same situation as you are, in fact I have already jumped into this new boat quite some time ago.
willigetagc
09-16 10:06 AM
The words "unlawful misrepresentation" might be a big concern. Get in touch with an attorney asap. Either you gave a wrong answer in some document or your H1 filer did.
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