jayleno
10-29 10:37 AM
None of the memos have stated that AC 21 can be used only in the case of lay offs. It could be a case of USCIS covering up a mistake they did. With the severe retrogression and impending recession there could be several reasons an employee will leave the employer.
One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
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prashantc
01-29 10:38 AM
Hi, Both my wife's and my approval notices state a WAC number. And I am stuck in PIMS for past 27 days now!!!!!!!!:mad:
caliguy
10-22 05:14 PM
Yes, I send 7001 to Ombudsman. It's been more than a month since I sent it. Like I said, I have tried everything that was on the link I provided earlier except for contacting the first lady. I am not sure how contacting the first lady will make any difference, but I am thinking of giving that a shot too, so might mail out all my case details to them this weekend.
Don't go by the receipt date/notice date crap they are giving you. Last year (in September 2008), when the senator sent an inquiry, they said they were processing cases in order of notice dates and not PDs. On a daily basis, I would see hundreds of cases with PD/RD/ND after mine getting approved and all I could do is sit and watch.
I feel like they think they are not answerable to anyone and they can get away with anything. I hope something magical happens for you and you get the green card soon...
Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
[/QUOTE]
Don't go by the receipt date/notice date crap they are giving you. Last year (in September 2008), when the senator sent an inquiry, they said they were processing cases in order of notice dates and not PDs. On a daily basis, I would see hundreds of cases with PD/RD/ND after mine getting approved and all I could do is sit and watch.
I feel like they think they are not answerable to anyone and they can get away with anything. I hope something magical happens for you and you get the green card soon...
Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
[/QUOTE]
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InTheMoment
10-06 01:31 AM
caliguy,
The final option 4 that you press is correct. Sometimes you can get an IIO that is not happy to give status info (and it is a good idea that the status word is not mentioned by the caller...it kind of hurts their ego! for the reason below)
Remember reaching the Service Center directly (thro this "POJ" method) puts you in touch with not a CSR but an actual Immigration Information Officer (these at the Service Centers are positions that are rotated, they usually also do simple cases at other times like I-765, I-131 etc.) They have full access to all databases and systems that a Adjudication Officer handling you file has, unlike the regular contractor non-POJ CSR's.
@ fatjoe
Well, I dont think politeness works with USCIS, but do we really have a choice?
Yes, lets write to Secretary Napolitino. I will also send a copy of the letter to the first lady. I am not sure what else we can do besides that.
Once I get the sequence to call TSC using the POJ method, I will try calling them tomorrow.
The final option 4 that you press is correct. Sometimes you can get an IIO that is not happy to give status info (and it is a good idea that the status word is not mentioned by the caller...it kind of hurts their ego! for the reason below)
Remember reaching the Service Center directly (thro this "POJ" method) puts you in touch with not a CSR but an actual Immigration Information Officer (these at the Service Centers are positions that are rotated, they usually also do simple cases at other times like I-765, I-131 etc.) They have full access to all databases and systems that a Adjudication Officer handling you file has, unlike the regular contractor non-POJ CSR's.
@ fatjoe
Well, I dont think politeness works with USCIS, but do we really have a choice?
Yes, lets write to Secretary Napolitino. I will also send a copy of the letter to the first lady. I am not sure what else we can do besides that.
Once I get the sequence to call TSC using the POJ method, I will try calling them tomorrow.
more...
permfiling
08-07 02:19 AM
I don't think it is unfair as I think
That if eb2 numbers are not filled then they automatically get allocated to eb3 so why to have portability to eb2.
That if eb2 numbers are not filled then they automatically get allocated to eb3 so why to have portability to eb2.
unseenguy
06-19 02:14 AM
You are certainly showing your class and language skills here. Your momma teach you to talk like that? :rolleyes:
Tell me something.. when you applied for your L1 visa, did you fill out a DS157 form? All males in a certain age group are required to fill that, women are not.. but I'm not sure what they require from hijras like you :D
Again dumb idiot check your comprehension skills. You are making an assumption I am on L1.
And before you invoke my family members, check what yours have taught you. Did I ever mention your mother eventhough I could? What did your mother teach you, too call others hijras? :)) sounds very cultured family.
Tell me something.. when you applied for your L1 visa, did you fill out a DS157 form? All males in a certain age group are required to fill that, women are not.. but I'm not sure what they require from hijras like you :D
Again dumb idiot check your comprehension skills. You are making an assumption I am on L1.
And before you invoke my family members, check what yours have taught you. Did I ever mention your mother eventhough I could? What did your mother teach you, too call others hijras? :)) sounds very cultured family.
more...
Saralayar
04-09 02:08 PM
Well it is their country. We are serving through our volition.
We have an expectation, but in a free market it is demand and supply.
i am Not trying to be negative - just a reality check on where we stand and how we can approach.
It is a fact that immigration from Asia shot up at the turn of the millennium. This may look disproportionate to proponents of diversity.
Now 1/6th of the world population comes from one country. But the quota for Iceland and India remains the same.
Consequently many like us cannot: change employers, give up opportunities (lure of which we came here for) and wait for the same outcome that others achieve much faster, simply because they were born somewhere else or their employers & lawyer decided their immigration category. So much for free country and meritocracy.
i believe our main point should be a level playing field and transparent
system so that expectations are clear.
For those of us who have suffered due to lack of clarity, for all fairness, must lobby for a chance to parity after multiple (say 10) years of serving LEGALLY.
^^^Bump^^^
We have an expectation, but in a free market it is demand and supply.
i am Not trying to be negative - just a reality check on where we stand and how we can approach.
It is a fact that immigration from Asia shot up at the turn of the millennium. This may look disproportionate to proponents of diversity.
Now 1/6th of the world population comes from one country. But the quota for Iceland and India remains the same.
Consequently many like us cannot: change employers, give up opportunities (lure of which we came here for) and wait for the same outcome that others achieve much faster, simply because they were born somewhere else or their employers & lawyer decided their immigration category. So much for free country and meritocracy.
i believe our main point should be a level playing field and transparent
system so that expectations are clear.
For those of us who have suffered due to lack of clarity, for all fairness, must lobby for a chance to parity after multiple (say 10) years of serving LEGALLY.
^^^Bump^^^
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pappu
06-22 03:16 PM
My lawyer said u cannot have 2 485 petitions with USCIS.
My Lawyer's response - You should be aware that you cannot file two I-485 applications. If you file individually, there is no option to file as a dependent UNLESS the pending I-485 is withdrawn.
Awaiting reponse from my wifes lawyer.
ask the lawyer about specific issues that can happen if multiple filing is done.
My Lawyer's response - You should be aware that you cannot file two I-485 applications. If you file individually, there is no option to file as a dependent UNLESS the pending I-485 is withdrawn.
Awaiting reponse from my wifes lawyer.
ask the lawyer about specific issues that can happen if multiple filing is done.
more...
guyfromsg
07-14 08:06 PM
He just introduced an immigration policy called OVERDUE and it would severely restrict legal employment based immigration..:eek:
The legislation would end immigration of extended family members of U.S. citizens and permanent residents, which has long been the basis of legal immigration. The bill would shrink to 5,200 a year the number of visas issued to foreign workers.
The legislation would end immigration of extended family members of U.S. citizens and permanent residents, which has long been the basis of legal immigration. The bill would shrink to 5,200 a year the number of visas issued to foreign workers.
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gc_maine2
08-07 11:20 AM
Very well said. Thats what they do once they GC, there motto is " I want GC and Nobody else should get it". Sad very sad......
Ths poll should be changed to
Do you want to turn into an anti-immigrant when you get your greencard?
Yes I am in
No I am out
Shame on those who votes yes.
Ths poll should be changed to
Do you want to turn into an anti-immigrant when you get your greencard?
Yes I am in
No I am out
Shame on those who votes yes.
more...
saturnring11
01-17 09:16 PM
While I agree in principle to what is being suggested here (I voted for this on Change.gov), I think it may be easier to win this battle with a smaller change:
The five year clock for obtaining US Citizenship (post Permanent Residency) must start at the time Adjustment of Status (I-485) has been filed.
For example: If you are approved for Permanent Residency after a long 5 year wait of filing your I-485, you should be eligible to apply for citizenship immediately without a further wait.
This takes away at least part of the suffering caused for the legal immigrant community. The effect of USCIS processing delays and visa retrogression can be mitigated at least when it comes to obtaining citizenship.
The five year clock for obtaining US Citizenship (post Permanent Residency) must start at the time Adjustment of Status (I-485) has been filed.
For example: If you are approved for Permanent Residency after a long 5 year wait of filing your I-485, you should be eligible to apply for citizenship immediately without a further wait.
This takes away at least part of the suffering caused for the legal immigrant community. The effect of USCIS processing delays and visa retrogression can be mitigated at least when it comes to obtaining citizenship.
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glus
06-18 10:39 AM
Does anyone have an answer or idea as to the job title employer verification letter question ? I didn't see any response as yet so I thought I'd repost the question. So far I've only seen some suggestions on other forums that suggest filing anyways without the letter and waiting for an RFE which might then coax the employer to do the necessary then, waiting for I-140 to be approved and then filing with W-2's (or paystubs -- I don't recall) or waiting 180 days, filing without the letter, switching to a new employer after the 180 days pass and then submitting the new employer's letter.
I think you can go ahead to the HR and just ask for a letter stating that your position xxxx is still available for you and that you are paid xxxx. If not, you may receive a RFE for the letter. I have seen some people not getting a RFE for letters if they attached most recent pay stubs showing they are paid prevailing wage.
This is the letter I got for support of my I485:
Please be advised that Mr. XXXXXX is currently employed by our company. He has been employed with us since XXXXX.
His position is that of a XXXXXXXXX. His annual salary is $XXXXX per year. The position of XXXXXXXXXXXX is still available for him. We intend to continue with the permanent residency process on his behalf at this time, according to all of the terms and conditions set forth in the approved PERM application. XXXXXXX salary will be at least $XXXXX per year once the permanent residency is granted.
Hope this helps
I think you can go ahead to the HR and just ask for a letter stating that your position xxxx is still available for you and that you are paid xxxx. If not, you may receive a RFE for the letter. I have seen some people not getting a RFE for letters if they attached most recent pay stubs showing they are paid prevailing wage.
This is the letter I got for support of my I485:
Please be advised that Mr. XXXXXX is currently employed by our company. He has been employed with us since XXXXX.
His position is that of a XXXXXXXXX. His annual salary is $XXXXX per year. The position of XXXXXXXXXXXX is still available for him. We intend to continue with the permanent residency process on his behalf at this time, according to all of the terms and conditions set forth in the approved PERM application. XXXXXXX salary will be at least $XXXXX per year once the permanent residency is granted.
Hope this helps
more...
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abuddyz
01-31 09:03 AM
prashantc,
congratulations!!
congratulations!!
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apnair2002
01-05 08:38 PM
This site should have some provision so that we can send multiple mails to different people who are suffering from retrogression
more...
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wantgc23
09-24 11:21 AM
Bharatpremi,
Thanks for the excellent analysis. One question, your analysis assumes category excess visas goto next category on a per country basis, is this correct ?
Example, EB-1 china number goto EB-2 China ? I thought all EB-1 China numbers are added to the excess pool and then given to most retrogressed EB2 category ?
Thanks for anyone who clarifies this.
No matter how the data is sliced and diced, being EB3-I certainly means a loo...ong wait time ... :)
Thanks for the excellent analysis. One question, your analysis assumes category excess visas goto next category on a per country basis, is this correct ?
Example, EB-1 china number goto EB-2 China ? I thought all EB-1 China numbers are added to the excess pool and then given to most retrogressed EB2 category ?
Thanks for anyone who clarifies this.
No matter how the data is sliced and diced, being EB3-I certainly means a loo...ong wait time ... :)
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Saralayar
09-23 09:08 PM
how many visas are allocated every year per country, per preference ? say INDIA EB3 ?
No one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(
No one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(
more...
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gcvision07
07-10 10:16 PM
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saileshdude
09-12 10:00 AM
You seem pretty confident about getting an RFE. Did you already see the online status changed and just waiting for it to arrive in the mail OR is this pure guess work?
The reason I ask is because I am also in the middle of changing jobs and so have the same concern but not very confident of receiving one.
My priority date is current since september 2010.
My H1B transfer application is with USCIS since Aug 27th, 2010. The date for transfer requested is Novemebr 1st, 2010.
My I 485 was filed in Aug 2008. I have been working with the current sponsoring employer since 2005, no breaks.
I am expecting an RFE for my I 485. Anyone who was in similar situation share what kind of RFE is likely to be issued? I already have a job letter from the new employer essentially stating same kind of work duties.
Thanks.
PS: Also, how do you start a new thread on IV?
The reason I ask is because I am also in the middle of changing jobs and so have the same concern but not very confident of receiving one.
My priority date is current since september 2010.
My H1B transfer application is with USCIS since Aug 27th, 2010. The date for transfer requested is Novemebr 1st, 2010.
My I 485 was filed in Aug 2008. I have been working with the current sponsoring employer since 2005, no breaks.
I am expecting an RFE for my I 485. Anyone who was in similar situation share what kind of RFE is likely to be issued? I already have a job letter from the new employer essentially stating same kind of work duties.
Thanks.
PS: Also, how do you start a new thread on IV?
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BharatPremi
03-26 10:32 AM
I agree we might not always have hard evidence unlike the OP here. And lot of employers might be doing this. I have never faced this, yet. However, we have to act on it. The first step is to complain to the govt. Maybe if there are lot of complaints, govt will investigate and find the dirt, and fix it.
Another idea is to bring it to the attention of the job boards that discriminatory ads should not be posted. Lets give this a try.
To those effected, write to the govt if you are in a situation where you can.
Right but the here problem is that how to come up with written evidence of discrimination? These jerks do not send you an email "Hey, we do not consider EAD". Their pattern is generally as under.
You get an first email for their interest as your resume matches teh job
description and they want you to spit out everything in your reply
Say you have written " Authorized to work for Any employer in USA" for
work status, they do not communicate to have you spitted out specifics.
They call you. If you do not spit out, they would not go ahead. If you spit
out "EAD" smart ones do not even talk further and you find all
communication stopped. Now this is my own experience. Tell me how can
I convert this into "evidence of discrimination". Even if I have tape
recorded conversation, that guy did not utter any single word after I
spitted out "EAD"
Another idea is to bring it to the attention of the job boards that discriminatory ads should not be posted. Lets give this a try.
To those effected, write to the govt if you are in a situation where you can.
Right but the here problem is that how to come up with written evidence of discrimination? These jerks do not send you an email "Hey, we do not consider EAD". Their pattern is generally as under.
You get an first email for their interest as your resume matches teh job
description and they want you to spit out everything in your reply
Say you have written " Authorized to work for Any employer in USA" for
work status, they do not communicate to have you spitted out specifics.
They call you. If you do not spit out, they would not go ahead. If you spit
out "EAD" smart ones do not even talk further and you find all
communication stopped. Now this is my own experience. Tell me how can
I convert this into "evidence of discrimination". Even if I have tape
recorded conversation, that guy did not utter any single word after I
spitted out "EAD"
gcnirvana
06-16 12:07 PM
A# is the alien number that is given to the applicant during the GC process. It is either given at 140 approval or at 485. If you have a A# in your 140 approval then you can use that # in all your 485 forms.
To answer pranju's question, yes its only for primary applicant. You can leave that field as blank for your spouse.
What is A#?
Thanks
To answer pranju's question, yes its only for primary applicant. You can leave that field as blank for your spouse.
What is A#?
Thanks
waiting for GC
09-24 06:09 PM
Congratz!!! You got it on right time, celebrate whole weekend..
Thank you !!
Thank you !!