chanduv23
07-29 02:03 PM
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Let me tell you my story
I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.
The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Let me tell you my story
I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.
The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.
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swamy
08-21 11:35 AM
I received my RFE today and I am totally shocked and in a state of panic because they are asking for a lot of things to be submitted in 30 days and there is absolutely no way at this point that I can get $1000 together for the I-485 Supplement A form, PLUS the money to see a civil surgeon for a medical exam. Those are the two most important forms they are requesting but there are still 3 more forms aside from that. I am also required to show evidence of valid entry which I don't understand. When I came here, I was engaged to be married. I had only my birth certificate and driver's license when I went through customs in 2003. I was not required to have a passport so I have nothing at this point to show them. How do I deal with this to show I did not enter the country illegally? I did not marry my fiance in the end, but I did acquire employment with his relatives and I am still with them. I take care of a disabled person in the home and there is no way they will accept another person at this time. Not after 6 years. This is like family to me now and I can't just expect someone to take my place and do what I do. It doesn't work that way. We already went through the process of offering this position to someone else who was born and raised here and nobody wanted the job. We had one phone call over a 3 week period and nothing came of it. I do not receive monetary wages, I get room and board, therefore I do not have the money I need to submit this supplement A form and the people I live with are not able to just toss out that kind of money either. They also want me to submit evidence that I have maintained non-immigrant status - what the heck is that? I have filed every application that they have requested until now - nothing was ever said about this non-immigrant status stuff. I am confused and totally at a loss.
I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.
I was never aware that I had to submit an I-485 Supplement A form - why? Why has no one told me about this before now? I never saw one thing on the I-485 form that I filled out that a supplement was needed. I was not told I had to see a civil surgeon to submit a medical exam and any CS available is 4 hours away in any direction after checking out the list on the USCIS website. The household I live in is not able to just up and go whenever USCIS demands it and they are making our lives very difficult right now.
How do I handle this?
They say I have 33 days to get this cleared up and without employment for wages, this is impossible. Any previous forms I submitted were ones I was prepared for and I had help from a friend at the time, but that was over 2 years ago and I cannot expect other people to just hand over money now, especially $1000.
I am not leaving this household - there is no way I can abandon the person I live with and entrust them to someone else and there is no way this person would ever stand for that.
Is there anything that can be done to either get an extension or get around the I-485 supplement A? I am not as concerned about the civil surgeon exam, but I don't have a clue how much that will cost and again, I don't know how I will get the money to do that either.
I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
sorry to hear your plight & the reactyion which is a very normal & human one. but uscis deals only with aliens so dont expect them to be humane or have any sense of decency or compassion (or efficiency!)- get a lawyer who can work pro bono and i'm sure they can handle the paperwork for waiving fees etc along with dealing with the nuts at uscis. dont expect sympathy from this forum - these ppl are used to uscis abuses so much (sortof battered wife syndrome) that they've forgotton what the reacion would be when normal human beings go up againts uscis..
I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.
I was never aware that I had to submit an I-485 Supplement A form - why? Why has no one told me about this before now? I never saw one thing on the I-485 form that I filled out that a supplement was needed. I was not told I had to see a civil surgeon to submit a medical exam and any CS available is 4 hours away in any direction after checking out the list on the USCIS website. The household I live in is not able to just up and go whenever USCIS demands it and they are making our lives very difficult right now.
How do I handle this?
They say I have 33 days to get this cleared up and without employment for wages, this is impossible. Any previous forms I submitted were ones I was prepared for and I had help from a friend at the time, but that was over 2 years ago and I cannot expect other people to just hand over money now, especially $1000.
I am not leaving this household - there is no way I can abandon the person I live with and entrust them to someone else and there is no way this person would ever stand for that.
Is there anything that can be done to either get an extension or get around the I-485 supplement A? I am not as concerned about the civil surgeon exam, but I don't have a clue how much that will cost and again, I don't know how I will get the money to do that either.
I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
sorry to hear your plight & the reactyion which is a very normal & human one. but uscis deals only with aliens so dont expect them to be humane or have any sense of decency or compassion (or efficiency!)- get a lawyer who can work pro bono and i'm sure they can handle the paperwork for waiving fees etc along with dealing with the nuts at uscis. dont expect sympathy from this forum - these ppl are used to uscis abuses so much (sortof battered wife syndrome) that they've forgotton what the reacion would be when normal human beings go up againts uscis..
waitnwatch
07-28 04:10 PM
Its amazing how the self proclaimed defenders of Hinduism think that the religion is so fragile. Last I checked Hinduism is known to be >5000 years old, withstood countless aggressors/forced conversions for over 1000s of years, absorbed various cultures and ethnicities to remain one of the dominant religions in the world.
Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.
It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.
There is an excellent article on Hinduism and why and how it has survived over the millenia by Amartya Sen. This is one of many excellent articles which are compiled in a book titled "The Argumentative India". If you get a chance please read this article and, even better, the whole book.
There is a lot of information about India's history and culture (with references) and might help throw some light on this discussion of gods on a toilet seat or beer bottle.
I also see a business opportunity from this discussion--caps with Ganesha embroidered on them - would sell like hot cakes! :)
Its asinine to think that the religion/culture that withstood Aurangzeb will be diminished by a freakin IPA.
It is my view that folks who get offended by something as trivial as this, are reflecting their own insecurities or even their lack of faith in something they have been led to believe in.
There is an excellent article on Hinduism and why and how it has survived over the millenia by Amartya Sen. This is one of many excellent articles which are compiled in a book titled "The Argumentative India". If you get a chance please read this article and, even better, the whole book.
There is a lot of information about India's history and culture (with references) and might help throw some light on this discussion of gods on a toilet seat or beer bottle.
I also see a business opportunity from this discussion--caps with Ganesha embroidered on them - would sell like hot cakes! :)
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diptam
11-27 11:49 PM
hey - My July's EAD app was my 3rd and I filed up the date and details of just the 2nd EAD.
Mine was a paper App - I filled and then printed the form. They approved it after 76 days.
, mailed it after 87 days and I got got EAD at hand in 91 days.
Didn't provide any details about 1st EAD ... they can easily find it out - if needed :)
I am trying to self file I765, I want to paperfile since I don't want to go for photos and other stuff to the Uscis center. My lawyer has filed my earlier applications for employment authorization and parole. He has filled all my previous employment authorization dates on the I765 forms, however I cannot fill more than 2 dates on the I765 forms, do I convert the form into word and fill it and reconvert it back? I have to file next week, please help.
Mine was a paper App - I filled and then printed the form. They approved it after 76 days.
, mailed it after 87 days and I got got EAD at hand in 91 days.
Didn't provide any details about 1st EAD ... they can easily find it out - if needed :)
I am trying to self file I765, I want to paperfile since I don't want to go for photos and other stuff to the Uscis center. My lawyer has filed my earlier applications for employment authorization and parole. He has filled all my previous employment authorization dates on the I765 forms, however I cannot fill more than 2 dates on the I765 forms, do I convert the form into word and fill it and reconvert it back? I have to file next week, please help.
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amitps
09-26 11:52 AM
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
downthedrain
02-02 07:09 PM
Here is the text under the attachment section
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
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gjoe
09-19 09:44 PM
I would not agree with the slogans you have proposed. It is important to bring out the same message in a subtle manner. We should not forget that we are trying to get the lawmakers fix the system so it benefits us. But at the same time we should not unknownly take on some one else (Illegal Immigrants).
For next rally...slogan
Legal vs Illegal Immigration
Do YOU know the difference?
or
Legal vs. Illegal Immigration
Know the difference...
This is to prompt people's curiosity that there is a difference in the two and to have them educate themselves. Otherwise as said, all "immigration" to most people means "illegal immigration".
For next rally...slogan
Legal vs Illegal Immigration
Do YOU know the difference?
or
Legal vs. Illegal Immigration
Know the difference...
This is to prompt people's curiosity that there is a difference in the two and to have them educate themselves. Otherwise as said, all "immigration" to most people means "illegal immigration".
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nmdial
03-16 11:46 AM
Dear All,
I'll be driving from Harrisburg, PA on Saturday, Sunday, and attending the advocacy event on Monday only. It would be really helpful if someone could host me for one night.
Regards,
nmdial
I'll be driving from Harrisburg, PA on Saturday, Sunday, and attending the advocacy event on Monday only. It would be really helpful if someone could host me for one night.
Regards,
nmdial
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chanduv23
07-01 11:58 AM
fyi
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.
Looks like lot of politics and blame game among agencies.
I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.
Looks like lot of politics and blame game among agencies.
I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....
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Macaca
09-26 11:06 AM
The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.
Say rally was organized by IV.
Put link to IV so they can check IV agenda.
Put link to Washington Post/NY Times article that correctly reported the rally.
Say rally was organized by IV.
Put link to IV so they can check IV agenda.
Put link to Washington Post/NY Times article that correctly reported the rally.
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BharatPremi
03-12 11:25 AM
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
On your labor approval.
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
On your labor approval.
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bugmenot
06-12 08:37 PM
Jeo laal Jeo.... I totally agree with you. I want to see these h1 b restrictions that have been applied in the CIR pass. It will be fun...
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
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langagadu
06-01 09:47 PM
Oh, Yeah. You think Mexican border needs to be handed over to army??? I agree to stop drug activities but don't generalize.
Do you know who the hard working people are in this country???? Mexicans.... all other lazy asses wants to sit in air conditioning (yes, you are one of them).
Sorry buddy, respect people.
Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
If you are using EAD, even better, carry the darned EAD card in your pocket...
I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching
that fence, much less sneak in, they will shoot him between your eyes.
The Mexican border needs to be handed over to the US army or the National Guard.
Do you know who the hard working people are in this country???? Mexicans.... all other lazy asses wants to sit in air conditioning (yes, you are one of them).
Sorry buddy, respect people.
Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
If you are using EAD, even better, carry the darned EAD card in your pocket...
I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching
that fence, much less sneak in, they will shoot him between your eyes.
The Mexican border needs to be handed over to the US army or the National Guard.
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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!
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vamsi_poondla
02-13 11:02 PM
USCIS did not form any new rule to create divide and rule. If we are divided that is because we are thinking of ourselves as ultimate judges of all events and think that our opinion is right.
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wIeRdLiFe
02-18 07:03 PM
Hello,
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
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abhijitp
07-24 01:35 PM
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form.
Different lawyers are providing different opinions on this. To follow the letter of the law, you MUST submit the employer letter.
OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?
To follow the letter of the law, you MUST submit the employer letter. My lawyer says it is extremely unlikely you will receive a rejection for this especially since USCIS says it is okay to submit without Medical clearance. In my opinion, this is a lame excuse. I am happy to wait for RN, if only there is the guarantee USCIS will issue one, and won't reject my packet rightaway!
OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)
pls find above the answers.
Different lawyers are providing different opinions on this. To follow the letter of the law, you MUST submit the employer letter.
OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?
To follow the letter of the law, you MUST submit the employer letter. My lawyer says it is extremely unlikely you will receive a rejection for this especially since USCIS says it is okay to submit without Medical clearance. In my opinion, this is a lame excuse. I am happy to wait for RN, if only there is the guarantee USCIS will issue one, and won't reject my packet rightaway!
OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)
pls find above the answers.
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setpit_gc
04-16 01:19 PM
All,
Do I need to send the following documents for AP renewal?.
1. H1B or H4
2. EAD
Thanks
Do I need to send the following documents for AP renewal?.
1. H1B or H4
2. EAD
Thanks
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prioritydate
12-20 08:10 PM
It is difficult to interpret their statement, but I believe in what you are saying.
deepimpact
09-10 01:04 PM
I thinkThis year will be good for EB3.
With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.
CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.
If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.
CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.
If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
hasil
03-19 06:36 PM
Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
:)
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
:)
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