labogon
07-28 09:50 AM
I ask the same question to my lawyer when i saw your posting about your I_485 without the employer letter. This is his response, I hope this will help answer your question.
__________________________________________________ ____________
Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.
If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.
I'll let you know when we get the receipt notices - probably not for another two weeks.
__________________________________________________ _____________
P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
labogon
__________________________________________________ ____________
Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.
If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.
I'll let you know when we get the receipt notices - probably not for another two weeks.
__________________________________________________ _____________
P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
labogon
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SpookyH1Alien
11-13 02:47 PM
I am with you !! Lets do whatever it takes to get the spill over. Thats our only chance.
pappu
01-09 07:53 PM
thanks for pointing it out. We need volunteers to do this task. anyone interested pls sign up here and start posting.
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pointlesswait
07-14 09:17 AM
i think this is the most logical reasoning!
but the million $ question is: is for how long! :confused:
In order to use left-over visa numbers from EB1 and EB2-ROW, the PD cut-off for China and India must be locked. That's one of the reason why India's cut-off date has also moved.
but the million $ question is: is for how long! :confused:
In order to use left-over visa numbers from EB1 and EB2-ROW, the PD cut-off for China and India must be locked. That's one of the reason why India's cut-off date has also moved.
more...
newbee7
07-09 03:54 PM
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
bindas74
02-21 12:29 PM
if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!
Hi,
Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??
-THanks
Hi,
Can someone please tell if we can port to EB2 from EB3 even after using AC21 and statred working on EAD??
-THanks
more...
onemorecame
11-08 09:59 AM
Did you receive physical card?
yes i got my physical card, what about you bro? did you got approval?
yes i got my physical card, what about you bro? did you got approval?
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desi3933
01-31 05:53 PM
In case of a dependant 485 there is no requirement to be paid on EAD.
For AOS status, there is no requirement for person to be paid on EAD. It does not matter whether I-485 is for primary or dependent beneficiary.
____________________
Not a legal advice.
US Citizen of Indian Origin
For AOS status, there is no requirement for person to be paid on EAD. It does not matter whether I-485 is for primary or dependent beneficiary.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
alias
09-10 01:20 PM
Most of you either have a firewall or a proxy server to go out to the internet at your work locations, which allows for only TCP port 80. So if you are unsuccessful in getting the real player to work, try this:
when real player opens do the following:
click on tools->preferences->network transport->
then check the "manually configure connection settings"
click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Next
click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Enjoy!!
when real player opens do the following:
click on tools->preferences->network transport->
then check the "manually configure connection settings"
click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Next
click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Enjoy!!
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WaldenPond
02-19 07:45 AM
Hello retrohatao,
Thanks for coming forward to take the responsibility. I have sent you a private message. I will wait for your response.
You have described the problem very well. I have tried every way to get name check done. I have gone for FP four times (three times after 15 months expiration as they screwed up twice) but still no end in sight. For FP, each time I have to travel to a city that is couple of hours away. Both, my spouse and I have to take a day off from work. So it usually costs us couple of hundred dollars just to get each FP done. We have contacted both the Senators of the state and my congressman. We have made some good contacts with the staff of the congressman and this is helping with this effort. They have all communicated that it is in name check and they cannot do anything. We have tried every suggestion that is posted on the web but nothing seem to work. So we completely understand and go through the same frustration and relate to everything that you and willgetgc2005 wam4wam & stirGC maybe going through.
Hello willgetgc2005 wam4wam & stirGC,
I would request you to please help retrohatao and all of us to make this effort a success. It would be great if you could please come forward and join this effort actively. It would be great if you could encourage others to join. Please tell others that simply reading/posting messages and not actively participating is like watching a game from the sidelines and still expect to win without even playing. Please tell others that no one can win by watching from the sidelines. Together we can make it happen. I will eagerly look forward to hearing from you.
Regards,
-WP
Thanks for coming forward to take the responsibility. I have sent you a private message. I will wait for your response.
You have described the problem very well. I have tried every way to get name check done. I have gone for FP four times (three times after 15 months expiration as they screwed up twice) but still no end in sight. For FP, each time I have to travel to a city that is couple of hours away. Both, my spouse and I have to take a day off from work. So it usually costs us couple of hundred dollars just to get each FP done. We have contacted both the Senators of the state and my congressman. We have made some good contacts with the staff of the congressman and this is helping with this effort. They have all communicated that it is in name check and they cannot do anything. We have tried every suggestion that is posted on the web but nothing seem to work. So we completely understand and go through the same frustration and relate to everything that you and willgetgc2005 wam4wam & stirGC maybe going through.
Hello willgetgc2005 wam4wam & stirGC,
I would request you to please help retrohatao and all of us to make this effort a success. It would be great if you could please come forward and join this effort actively. It would be great if you could encourage others to join. Please tell others that simply reading/posting messages and not actively participating is like watching a game from the sidelines and still expect to win without even playing. Please tell others that no one can win by watching from the sidelines. Together we can make it happen. I will eagerly look forward to hearing from you.
Regards,
-WP
more...
arbhaat
04-06 09:12 PM
good post ek_bechara!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
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RNGC
09-18 09:19 PM
All I want to stress are these keywords in all our prints "Legal - Highly Skilled"
more...
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vik352
07-01 04:03 PM
Hi,
I feel that per country quota for EB green cards is ridiculous. A skilled worker from India and China has to wait for GC 10 years, whereas a person from ROW gets it in few years/months. I wish I had known all the delays/pains in GC processing before I started my career here. We should start an online petetion/a law suit to end this disciminatory quota and address it to President/all the congressman/all the media.
Simple questions in the online petition/law suit:
1) Do you think it is fair for a person from India/China to wait for 10 years whereas a person from other country gets it in few years?
2) When there is no per country quota in H1B visas, do you think it is fair to have it in EB visas?
3) Do you think it is fair to have the same quota for India/China compared to a small country?
4) Everyone is aware of the legal immigration problems here, atlease try to make it same for everyone.
Most of us are Ivy League or good college graduates and work in good companies. We can mention our names, school and company information in the petition. All those who don't agree with me, please dont respond.
Can IV core come up with an online petition?
I feel that per country quota for EB green cards is ridiculous. A skilled worker from India and China has to wait for GC 10 years, whereas a person from ROW gets it in few years/months. I wish I had known all the delays/pains in GC processing before I started my career here. We should start an online petetion/a law suit to end this disciminatory quota and address it to President/all the congressman/all the media.
Simple questions in the online petition/law suit:
1) Do you think it is fair for a person from India/China to wait for 10 years whereas a person from other country gets it in few years?
2) When there is no per country quota in H1B visas, do you think it is fair to have it in EB visas?
3) Do you think it is fair to have the same quota for India/China compared to a small country?
4) Everyone is aware of the legal immigration problems here, atlease try to make it same for everyone.
Most of us are Ivy League or good college graduates and work in good companies. We can mention our names, school and company information in the petition. All those who don't agree with me, please dont respond.
Can IV core come up with an online petition?
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zen
03-29 10:32 PM
Please pardon me for my ignorance but why is that every admin fix will work with money in this country?
Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)
I could recall that July '07 fiasco has been fixed without we donate anything.
Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?
These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?
Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)
I could recall that July '07 fiasco has been fixed without we donate anything.
Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?
These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?
more...
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johnamit
07-18 09:14 AM
some applications have already been rejected, mostly on July 2nd but a very few.
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
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anilsal
12-12 01:17 PM
If the attorneys have determined that there needs to be a INA change to allow I-485 filing during retrogression, has anybody bothered to find out what USCIS interpretation is?
USCIS interpretation can be binding!
USCIS interpretation can be binding!
more...
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Jaime
09-11 05:06 PM
Think of the rally as your ride of passage as an American! You've done everything else (worked hard, paid taxes, created patents, been a good citizen) now it's time to show that you CARE and want your freedom!!!
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Canadian_Dream
11-17 12:44 PM
That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.
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psaxena
11-19 11:09 AM
Are you the one who created the slogan, move ahead we are behind you... !! (and will always be behind without giving any support)
Why don't you file the lawsuit, why do you look up to someone to do what you want??
Just want get everything in the world without doing anything and that too FREE??
Step up and do something rather than just pushing everyone around.
There is a lot I can say about , but then the fine line of the difference between you and me will be no more. So I leave this conversation right here!! Hope this shakes up your conscious if you got one.
Did you file the lawsuit yet?
Someone please update on the lawsuit to enforce visa spill over
Why don't you file the lawsuit, why do you look up to someone to do what you want??
Just want get everything in the world without doing anything and that too FREE??
Step up and do something rather than just pushing everyone around.
There is a lot I can say about , but then the fine line of the difference between you and me will be no more. So I leave this conversation right here!! Hope this shakes up your conscious if you got one.
Did you file the lawsuit yet?
Someone please update on the lawsuit to enforce visa spill over
WeldonSprings
08-27 11:16 AM
Anybody has numbers for No. of EB Visas processed for June ad July 08. Till May 08 total 113475 has been processed. So, total remaining would be 50000.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
kaisersose
03-07 10:54 AM
AC21 is simple and requires nothing from the new employer other than the offer letter.
Rajiv Khanna charges big bucks to send out the AC21 letter, but he also clearly said his services are necessary only for complex cases. A straightforward case does not require any attorney.
However, there are people who are scared of every little thing in life and if such people - though their cases are straightforward - still want to pay up $3k to lawyers for sending out the letter, lawyers are not going to turn them away.
Rajiv Khanna charges big bucks to send out the AC21 letter, but he also clearly said his services are necessary only for complex cases. A straightforward case does not require any attorney.
However, there are people who are scared of every little thing in life and if such people - though their cases are straightforward - still want to pay up $3k to lawyers for sending out the letter, lawyers are not going to turn them away.
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