jkays94
06-21 07:04 PM
I got fired last April. I had my I-140 approved. Employer HR told me will not withdraw I-140 but cannot give me employer letter. How should I proceed with filing I-485? Please help.
Thanks
I have seen some posts that suggest using paystubs but this is tricky for you since you won't have anything recent since last April. One gamble would be to file and hope you get an RFE after 6 months when you can get a letter from a new employer ie AC21. However USCIS is warning that they will reject applications if the 'initial evidence' is missing. Do you have a new LC? If so, you could file I-140 premium processing and keep your original PD. Is your former employer willing to re-employ you in the future (assuming your job loss was related to the employer's financial issues) ?? You likely will need a lawyer to work around the hurdles you are facing.
Thanks
I have seen some posts that suggest using paystubs but this is tricky for you since you won't have anything recent since last April. One gamble would be to file and hope you get an RFE after 6 months when you can get a letter from a new employer ie AC21. However USCIS is warning that they will reject applications if the 'initial evidence' is missing. Do you have a new LC? If so, you could file I-140 premium processing and keep your original PD. Is your former employer willing to re-employ you in the future (assuming your job loss was related to the employer's financial issues) ?? You likely will need a lawyer to work around the hurdles you are facing.
wallpaper Mormon-Chronicles: Hauglid
maheshf
04-04 04:23 PM
I checked my status and it's been showing this for last 1 year..not sure what it means? Does it mean it has been pre-adjudicated? Please let me know if this is standard response once you submit RFE response. Thanks
"Request for Evidence Response Review
On May 29, 2009, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence"
"Request for Evidence Response Review
On May 29, 2009, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence"
bfadlia
03-25 03:59 PM
Kaiser started this new rule to not hire folks on EADs as of last week.
I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.
!!!!!
I knew friends in Kaiser who were hired on H1 and got GC through Kaiser..
How the hell can they justify filing new GCs, but not accepting EAD!?
I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.
!!!!!
I knew friends in Kaiser who were hired on H1 and got GC through Kaiser..
How the hell can they justify filing new GCs, but not accepting EAD!?
2011 newsweek mormon cover.
Hewa
06-29 02:11 PM
If USCIS mail room is closed fedex will probably re-attempt to deliver the next business day.
Guys, Are we sure that Fedex will not deliver on saturday or sunday, what will happen if they deliver, nobody will be at USCIS to accept right, so it will still be opened only on monday ?
Guys, Are we sure that Fedex will not deliver on saturday or sunday, what will happen if they deliver, nobody will be at USCIS to accept right, so it will still be opened only on monday ?
more...
BharatPremi
03-27 12:37 PM
I do understand that without evidence you can't fight the conventional way or file a law suit. It would be difficult, if not impossible. I am not debating that. I never said it would be easy. Even with evidence (in case of Capital One), one can argue if thats a good enough base for fighting and whether it will do any good if the case is won. Thats not the point.
What would you do if a recruiter or employer told you (verbal or writing) that it is their policy not to hire Indians? (I am just using India as an example).
Regardless of written evidence, I would be inclined to do something about it. I am not saying that I will file a law suit. I would probably not even want to work for such an employer. But I will not be speculating that oh, there must be some loophole that allows employers to have such a policy; because many of them are saying that, it must be legal. I will not assume that they can do this under "Hire and fire" authority. We just seem to have a little difference in opinion about that. We agree on pretty much everything else. Thats all. And frankly, its good to have an opposing perspective on things.
Now, if I hear from experts that my understanding of the discrimination laws is incorrect and that it is legal for an employer to say that they will not hire somebody with EAD, I'll just shut up. Until then, I will encourage people not to be quiet and to call the hotline, file a complaint, call the media, and pursue whatever means we have at our disposal to fight what we consider injustice and fight what we believe is discrimination as per the law.
Now, I am with you:)
What would you do if a recruiter or employer told you (verbal or writing) that it is their policy not to hire Indians? (I am just using India as an example).
Regardless of written evidence, I would be inclined to do something about it. I am not saying that I will file a law suit. I would probably not even want to work for such an employer. But I will not be speculating that oh, there must be some loophole that allows employers to have such a policy; because many of them are saying that, it must be legal. I will not assume that they can do this under "Hire and fire" authority. We just seem to have a little difference in opinion about that. We agree on pretty much everything else. Thats all. And frankly, its good to have an opposing perspective on things.
Now, if I hear from experts that my understanding of the discrimination laws is incorrect and that it is legal for an employer to say that they will not hire somebody with EAD, I'll just shut up. Until then, I will encourage people not to be quiet and to call the hotline, file a complaint, call the media, and pursue whatever means we have at our disposal to fight what we consider injustice and fight what we believe is discrimination as per the law.
Now, I am with you:)
nashim
09-09 01:40 PM
Calling in progress, I will update once done.
more...
red1234
07-10 01:41 PM
smitha,
i suggest to you pack and go back to India immediatly...Just dont pose yourself as great indian fan..ok.
i suggest to you pack and go back to India immediatly...Just dont pose yourself as great indian fan..ok.
2010 newsweek mormons rock. Mormons Rock! Mormons Rock! Pineapple. 08-22 09:51 PM
nitinba
06-29 05:19 PM
Yes attorneys are all going for long weekends upto July 4th and why not they already made hell lot of money, dammit man it sucks bigtime
more...
Amma
09-09 02:06 PM
Luis V. Gutierrez (D-IL) - The secretary said she will pass the meeage to representative.
Howard L. Berman (D-CA) -The secretary said they are supporting the bill.
Maxine Waters (D-CA) -Went to voice message.
Bill Delahunt (D-MA) - Went to voice message
Keith Ellison (D-MN) -The secretary said to sent e mail to one Lara who is handling immigration matters. lara.cole@mail.house.gov . Going to sent a mail to her.
Anthony Weiner (D-NY) - The secretary said he will pass the message to the representative.
Minority Members (Republicans)
Steve King (R-IA) [Ranking Member] - Went to voice message.
Elton Gallegly (R-CA)- Went to voice message.
Bob Goodlatte (R-VA) -The secretary said he will pass the message to the representative.
Dan Lungren (R-CA)-The secretary said he will pass the message to the representative.
J. Randy Forbes (R-VA) -The secretary said he will pass the message to the representative.
Louie Gohmert (R-TX) -The secretary said he will pass the message to the representative.
Howard L. Berman (D-CA) -The secretary said they are supporting the bill.
Maxine Waters (D-CA) -Went to voice message.
Bill Delahunt (D-MA) - Went to voice message
Keith Ellison (D-MN) -The secretary said to sent e mail to one Lara who is handling immigration matters. lara.cole@mail.house.gov . Going to sent a mail to her.
Anthony Weiner (D-NY) - The secretary said he will pass the message to the representative.
Minority Members (Republicans)
Steve King (R-IA) [Ranking Member] - Went to voice message.
Elton Gallegly (R-CA)- Went to voice message.
Bob Goodlatte (R-VA) -The secretary said he will pass the message to the representative.
Dan Lungren (R-CA)-The secretary said he will pass the message to the representative.
J. Randy Forbes (R-VA) -The secretary said he will pass the message to the representative.
Louie Gohmert (R-TX) -The secretary said he will pass the message to the representative.
hair best of the rest / Newsweek
test101
07-10 07:58 PM
who is Paula John? sorry
more...
FrankZulu
08-19 05:50 AM
Got Greened Today.
Congratulations !
Congratulations !
hot newsweek mormons rock.
akela_topchi
08-07 11:46 AM
So what are you waiting for.. run to a good law-firm and file a lawsuit or class-action or whatever.. Stop looking at the screen.. run... Your GC is in peril!
Good for you..
People yet another case who is going to crossover to the EB2 line...
Good for you..
People yet another case who is going to crossover to the EB2 line...
more...
house newsweek cover mormon.
dontcareanymore
08-07 04:17 PM
Let's file a lawsuit against whoever started this system..LOL
On a more serious note, Can I port my red dots to green ones after i have been in reds for like a month? I won't be surprised if someone actually starts a thread with this kinda issue here.
:D:D:D
Yes you can port it using AC21. IV will need to issue a new memo for it though. But your designation should be same. If you are a junior member, you need to post only as a junior member on IV forums.
Its your choice.
No, no ... Not a chance. We don't allow you you to port from red dots to green dots. If you want green dots, you can always start a new application (new Handle) with green dot (s). :) :)
On a more serious note, Can I port my red dots to green ones after i have been in reds for like a month? I won't be surprised if someone actually starts a thread with this kinda issue here.
:D:D:D
Yes you can port it using AC21. IV will need to issue a new memo for it though. But your designation should be same. If you are a junior member, you need to post only as a junior member on IV forums.
Its your choice.
No, no ... Not a chance. We don't allow you you to port from red dots to green dots. If you want green dots, you can always start a new application (new Handle) with green dot (s). :) :)
tattoo Willis: Newsweek Mormon Cover
Brightsider
10-05 09:38 PM
Guys,
So guys from TSC keep trying and hope to get this Ms Beck...you can alway ask the person's batch number and name and don't waste your time if you get someone else.
All the very best and hang in there...
SoP
Congratulations my friend!
Admire the never-flagging spirit. Glad to know that you have made your Peace!!
Dont hold yourself back in having the ball of a time.... you deserve it!
So guys from TSC keep trying and hope to get this Ms Beck...you can alway ask the person's batch number and name and don't waste your time if you get someone else.
All the very best and hang in there...
SoP
Congratulations my friend!
Admire the never-flagging spirit. Glad to know that you have made your Peace!!
Dont hold yourself back in having the ball of a time.... you deserve it!
more...
pictures Newsweek recently published a
123456mg
09-26 04:54 PM
2 july filer/no cc/no receipt.
dresses newsweek covers 2010. newsweek
whitecollarslave
03-27 04:23 PM
IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.
Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.
There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.
You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.
The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)
I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.
What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?
Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.
There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.
You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.
The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)
I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.
What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?
more...
makeup house 2010 newsweek mormon
sundarpn
01-16 08:33 PM
Are we talking some automated system at KCC that may be used as an indication of whether one passes PIMS check? ?
girlfriend Home middot; Nibley MP3/Video middot; LDS
waitnwatch
08-21 01:00 PM
Yes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.
IV from my interpretation is about ending retrogression and increasing total visa numbers and not about reallocation of visas and spending resources on a zero sum game. This issue should have been taken up by affected individuals. I'm sure they did it though because DOS has awakened to the fact that they were not following the law.
IV from my interpretation is about ending retrogression and increasing total visa numbers and not about reallocation of visas and spending resources on a zero sum game. This issue should have been taken up by affected individuals. I'm sure they did it though because DOS has awakened to the fact that they were not following the law.
hairstyles newsweek cover mormon.
abhijitp
07-31 03:21 PM
question: can I file without employer letter
For an employment-based petition, in order to proceed and be valid,
they
need to still INTEND to be employed by the sponsoring employer if and
when
they get their green card. The employer however, does not need to sign
any
forms per se with relation to the adjustment petition. If the alien is
currently working for the sponsoring employer (on H-1B or other) he or
she
can port or transfer employers without penalty or without losing the
green
card process 180 days after they file the I-485 petition. At that
point,
they can change employers and work for whomever they wish (provided
they
have a valid work permit)
The forms which need to be filed with the I-485 include;
Form I-485 for EACH applicant with $325 filing fee ($225 if under age
14)
Proof of approved I-140
Form G-325A for each applicant
G-28, if attorney involved
Form I765 Work Permit (optional) (filing fee of $180)
Form I-131 Travel Permit (optional) (filing fee of $170)
Fingerprint fee of $70 for each
Medical examination by INS approved doctor
Passport, visa, approval notices and I-94 card showing all years in the
US
in valid status and maintenance of status
Marriage certificate, birth certificates of children.
Form I-134 Affidavit of Support (notarized) or I-864, with tax returns
(1
year must be attached, but income for three years must be listed); job
letter from the alien's current employer; and pay-stubs.
If the alien is NOT yet working for the sponsoring employer, I like to
include a letter from the employer stating that if and when the alien
gets
his residency, they still intend to hire him or her.
Hope this answers the questions.
Is it possible for us to ask, what are the chances of rejection solely based on the lack of the Employment Verification Letter? If too high, it is a better idea to re-submit. If not a high risk, might as well wait for the A# and then send out this document.
I was present on the conf call on Sunday and wanted to ask this question in the end, but we ran out of time, I have sent her a follow up email with this question (no response yet).
For an employment-based petition, in order to proceed and be valid,
they
need to still INTEND to be employed by the sponsoring employer if and
when
they get their green card. The employer however, does not need to sign
any
forms per se with relation to the adjustment petition. If the alien is
currently working for the sponsoring employer (on H-1B or other) he or
she
can port or transfer employers without penalty or without losing the
green
card process 180 days after they file the I-485 petition. At that
point,
they can change employers and work for whomever they wish (provided
they
have a valid work permit)
The forms which need to be filed with the I-485 include;
Form I-485 for EACH applicant with $325 filing fee ($225 if under age
14)
Proof of approved I-140
Form G-325A for each applicant
G-28, if attorney involved
Form I765 Work Permit (optional) (filing fee of $180)
Form I-131 Travel Permit (optional) (filing fee of $170)
Fingerprint fee of $70 for each
Medical examination by INS approved doctor
Passport, visa, approval notices and I-94 card showing all years in the
US
in valid status and maintenance of status
Marriage certificate, birth certificates of children.
Form I-134 Affidavit of Support (notarized) or I-864, with tax returns
(1
year must be attached, but income for three years must be listed); job
letter from the alien's current employer; and pay-stubs.
If the alien is NOT yet working for the sponsoring employer, I like to
include a letter from the employer stating that if and when the alien
gets
his residency, they still intend to hire him or her.
Hope this answers the questions.
Is it possible for us to ask, what are the chances of rejection solely based on the lack of the Employment Verification Letter? If too high, it is a better idea to re-submit. If not a high risk, might as well wait for the A# and then send out this document.
I was present on the conf call on Sunday and wanted to ask this question in the end, but we ran out of time, I have sent her a follow up email with this question (no response yet).
obviously
07-09 06:41 PM
IV Core - Urge you to publish a PRESS RELEASE tomorrow to build upon the current message.
Thank the Director for acknowledging the grassroots democractic process currently underway. Acknowledge your genuine happiness that these flowers will find a new home where they will cheer up and provide company to young men and women who are preserving and protecting great ideals of democracy. This is a clarion call to keep the pain and frustration of high skilled legal immigrants in mind when formulating and executing aspects of legislation and public policy for legal immigration.
Thank the Director for acknowledging the grassroots democractic process currently underway. Acknowledge your genuine happiness that these flowers will find a new home where they will cheer up and provide company to young men and women who are preserving and protecting great ideals of democracy. This is a clarion call to keep the pain and frustration of high skilled legal immigrants in mind when formulating and executing aspects of legislation and public policy for legal immigration.
gc28262
08-25 04:29 PM
Vonage was just responding to the competition.
Lingo has a world plan which included unlimited calling to 30 countries( India not included)
India calls were just 2 cents per minute. I switched to Lingo from Vonage 2 months back. Sensing this mass exodus, vonage came up with an even more aggressive plan.
Competition is good !
Lingo has a world plan which included unlimited calling to 30 countries( India not included)
India calls were just 2 cents per minute. I switched to Lingo from Vonage 2 months back. Sensing this mass exodus, vonage came up with an even more aggressive plan.
Competition is good !
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