superdoc
09-20 02:37 PM
If LOA can stop the old employer from revoking I-140, I would say, go for it. But just make sure you don't land into any other trouble (like non-competent etc. just an example, may not be relevant in your case, but you get the idea...).
Also, discuss with the new employer and make sure they are ok with supporting you in case of an RFE. From your response, looks like they might know what it is. What I can think of is, consult an attorney and discuss what kinda RFEs you can get that needs employer help (mostly EVL, ability to pay), prepare a sample response letter for both and check with the new employer they are ok with providing them if necessary.
DISCLAIMER: I am not an Attorney and this is not a legal advice
the new company has no clue about visa/h1/gc issues. they have never hired a "brown" guy and they do not even know that i am on ead..even if i told them they wouldn't know wht to make of it..so the only letters i can get will be generic letters stating my occupation and salary with a very brief description of duties. i know someone said loa is not a good idea but i think it just gives me a back up.
thanks evryonr for responses..
Also, discuss with the new employer and make sure they are ok with supporting you in case of an RFE. From your response, looks like they might know what it is. What I can think of is, consult an attorney and discuss what kinda RFEs you can get that needs employer help (mostly EVL, ability to pay), prepare a sample response letter for both and check with the new employer they are ok with providing them if necessary.
DISCLAIMER: I am not an Attorney and this is not a legal advice
the new company has no clue about visa/h1/gc issues. they have never hired a "brown" guy and they do not even know that i am on ead..even if i told them they wouldn't know wht to make of it..so the only letters i can get will be generic letters stating my occupation and salary with a very brief description of duties. i know someone said loa is not a good idea but i think it just gives me a back up.
thanks evryonr for responses..
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ufo2002
09-15 12:59 PM
Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
I just did No. 2!!! Yes, sold my home off recently and now living in apt. I am single and no family so I am more flexible when it comes to leaving the US. Also, because I have been in my field of work for 10 years and feeling a little bored with it and wanna go back to uni to try another field, but don't want to do it in the US in case I lose my job and then have expensive bills to pay.
With that GC, at least I can feel more secure, will have the ability to find a local employer while going to college, etc.
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
I just did No. 2!!! Yes, sold my home off recently and now living in apt. I am single and no family so I am more flexible when it comes to leaving the US. Also, because I have been in my field of work for 10 years and feeling a little bored with it and wanna go back to uni to try another field, but don't want to do it in the US in case I lose my job and then have expensive bills to pay.
With that GC, at least I can feel more secure, will have the ability to find a local employer while going to college, etc.
Lasantha
08-22 02:21 PM
My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...
Does anyone know what the legislation is?
I don't think so. Your PD is still relevent. Only those people whose PD is current will get their GCs no matter what the RD is.
Does anyone know what the legislation is?
I don't think so. Your PD is still relevent. Only those people whose PD is current will get their GCs no matter what the RD is.
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siddar
05-13 12:33 PM
I would strongly suggest, people refrain from using words like injustice, etc., Injustice implies the US govt is doing something wrong, when they are not. Such accusations do not reflect well on us and are unlikely to benefit in any meaningful way.
Desis are impacted because we are just so many of us. No other reason. Keep in mind that we are still walking away with the bulk of green cards each year, far above the stipulated Quota.
The Green card system exists for the benefit of America. It will not be tailored to meet the individual needs of overpopulated countries. All we can do is request them to improve the system and make it easier for applicants. Taking the aggressive approach of accusations, demanding for change, asking for more, etc., will not work.
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
Desis are impacted because we are just so many of us. No other reason. Keep in mind that we are still walking away with the bulk of green cards each year, far above the stipulated Quota.
The Green card system exists for the benefit of America. It will not be tailored to meet the individual needs of overpopulated countries. All we can do is request them to improve the system and make it easier for applicants. Taking the aggressive approach of accusations, demanding for change, asking for more, etc., will not work.
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
more...
bomber
07-20 01:23 PM
EB-2 India PD: Dec' 2003
Filed 2nd July 8:26AM signed by C. Uhrmacher
Filed 2nd July 8:26AM signed by C. Uhrmacher
go_guy123
04-20 08:07 PM
But, more seriously thinking, isn't Mexico also one of the backlogged EB countries? I doubt they will mind having a provision for us while they do their campaign. Perhaps we really ought to join hands with them so our objects can get more widespread support .. just an idea
Mexico is lobbying for all out amnesty. Their backlog is far lesser .
Mexico is lobbying for all out amnesty. Their backlog is far lesser .
more...
amitga
08-25 04:03 PM
The poll shows that there are substantial number of cases from Yr 2004 or earlier. This shows that the Dates will be going back in October Visa bulletin. If the number of applications are 50 times of the polled numbers, then also it will take 2-3 years to clear the Yr 2004 and earlier applications.
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niklshah
08-24 08:28 PM
can some one pls list the documents which we need to sent for renewal of AP and do we need to sent photographs too with the application?
more...
gjoe
09-22 10:49 AM
Maybe they will send it back to us with a note to put in our back were it belongs. LOL
Just trying to be funny:D
Sorry, but I don't agree. This can get annoying. Sending flowers was a different thing a super brilliant idea...but bath-stoppers...where will the USCIS Director forward those?
:-)
Just trying to be funny:D
Sorry, but I don't agree. This can get annoying. Sending flowers was a different thing a super brilliant idea...but bath-stoppers...where will the USCIS Director forward those?
:-)
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apnair2002
04-12 01:02 PM
Yours will be cashed soon.
Thanks
I sent a cheque 45 days back..(third contribution so far) it was cashed yesterday
Thanks
I sent a cheque 45 days back..(third contribution so far) it was cashed yesterday
more...
gunabcd
06-30 07:55 PM
How long USCIS tool to update the status online to show your RFE response has been received? I sent the response for RFE on June 7th and there is update about the case at all. No online status update either. God knows what they are doing with it. They are suppose to complete the case in 15 qorking days after they receive it.
Mine it took 2/3 days after sending response. I thought they got too busy sending notices to new I140 PPs after june 15th and not processing I140s. But i saw someone whoe did PP on june 21 and got approve in a few days.
Mine it took 2/3 days after sending response. I thought they got too busy sending notices to new I140 PPs after june 15th and not processing I140s. But i saw someone whoe did PP on june 21 and got approve in a few days.
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GCKaMaara
01-13 12:41 PM
It's here guys :
http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html
No EB3 movement :mad::mad:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html
No EB3 movement :mad::mad:
more...
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axp817
06-09 07:03 PM
I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
Logiclife,
I have been reading your posts for a long time now, and looking at your signature, and your views on legal, responsible firearm ownership, I have to say that your forum handle is very appropriate.
My respect for you (which was already very high) just went up 10 fold.
Here is the biggest irony:
IN order to own a gun, FBI needs only 2 days to check your background.
IN order to get 485 approved, FBI takes months or years to do a background check.
I guess green-card is a more lethal weapon than a handgun.
Logiclife,
I have been reading your posts for a long time now, and looking at your signature, and your views on legal, responsible firearm ownership, I have to say that your forum handle is very appropriate.
My respect for you (which was already very high) just went up 10 fold.
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mmanurker
02-07 01:39 PM
Sorry to hear that your 485 is denied....
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
more...
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arnab221
04-25 10:32 PM
The problem here is not the immigration system it is sheer number of people who want to become permanent residents . The queues in Canada and Australia are far far far smaller so the point system works smoothly. The main disadvantage of the point based immigration system is that if the people in the line increase, the points will be immediately be increased so that fewer qualify .Then there will always be people like Lou Dobbs who will say that "potential immigrants will get points only if they make 240K a year and are 25 years of age". The UK is also restricting people by increasing the point based system. Now people who make 35,000 GBP a year do not get any points in the HSMP. The age also has been decreased in HSMP. So the point based system works where the queues are smaller unlike the US. The risks of point based system getting changed everyday are far larger than the US based system , which gives Green cards without any hard and fast numbers like salary , age and qualifications .
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ashwaghoshk
04-19 03:54 PM
And everybody knows that nothing is going to happen. he will say "our immigration system is broken.... we need to fix it.... borders need to be secured.... blah blah blah.. "
Somebody knew already....
Obama to hold meeting on immigration reform | AP Texas News | Chron.com - Houston Chronicle (http://www.chron.com/disp/story.mpl/ap/tx/7527577.html)
Somebody knew already....
Obama to hold meeting on immigration reform | AP Texas News | Chron.com - Houston Chronicle (http://www.chron.com/disp/story.mpl/ap/tx/7527577.html)
more...
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YesGC_NoGC
04-26 09:10 PM
I contributed $30 earlier this week, Got $15 back from PayPal, Sending this to rebate also to Immigration voice.
If all the memberscan send $30 using Paypal and we can get $15 additional even one time contribution can make difference.
Let's take advantage of Paypal offer, $30 is minimum to get $15 back.
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Let's take advantage of Paypal offer, $30 is minimum to get $15 back.
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PayPal, Inc just sent you money with PayPal.
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Transaction ID: 36XXXXXXXXXXXXX1G
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Macaca
08-12 11:23 AM
Pending cases = EB + Family + Refugee + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
(From page 35 of Ombudsman's Report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf))
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
(From page 35 of Ombudsman's Report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf))
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msreddy_c
08-20 05:43 PM
sent to 2 representatives in TX
javadeveloper
12-31 03:05 PM
How can you judge God's intentions when you don't know Him? Can you prove that God does not exist?
I prayed god to get my GC before 2008.If God really exists I'll get my GC in 2008.If not it's a proof that God doesn't exists.
I'll have to wait for few more hours to prove.
I prayed god to get my GC before 2008.If God really exists I'll get my GC in 2008.If not it's a proof that God doesn't exists.
I'll have to wait for few more hours to prove.
njboy
05-12 08:09 AM
In my humble opinion, if people who have been illegal in US for over 5 years are granted legality, then the govt should
1) Close the backlog processing centers where our cases have been languishing for years
2) Grant us green cards if we can show minimal proof that we did infact file for permanancy legally at some point in time.
I mean COME ON guys..the government is giving legal status to more than 10 MILLION illegals in this country, yet when it comes to 300,000 tax paying, qualified, LEGAL, degree holding H1B workers, the same government is penny pinching and trapping us in a bureaucratic paper nightmare. What is 300,000 when compared to like 13 Million?? Its a drop in the bucket. Do not forget that our employers have paid big bucks for every H1B, and additionally paid for the creation of the backlog reduction center, where they are painstakingly poring over each and every case with a toothcomb.
1) Close the backlog processing centers where our cases have been languishing for years
2) Grant us green cards if we can show minimal proof that we did infact file for permanancy legally at some point in time.
I mean COME ON guys..the government is giving legal status to more than 10 MILLION illegals in this country, yet when it comes to 300,000 tax paying, qualified, LEGAL, degree holding H1B workers, the same government is penny pinching and trapping us in a bureaucratic paper nightmare. What is 300,000 when compared to like 13 Million?? Its a drop in the bucket. Do not forget that our employers have paid big bucks for every H1B, and additionally paid for the creation of the backlog reduction center, where they are painstakingly poring over each and every case with a toothcomb.
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