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Sunday, June 19, 2011
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  • WillIWin?
    07-23 02:24 PM
    My lawyer is going to submit the 485 WITHOUT a letter from my current employer. This is going to be a concurrent I-140 and I-485 application (140 and 485 applied together).

    I looked at the 485 application form and see that it clearly mentions - page 5, that a letter from the employer is required (mentioning job title, job description and salary). My lawyer still says it is NOT required.

    - Are there people who have submitted 485 applications OR who are going to submit the 485 WITHOUT an Employment letter ? Replies/advice greatly appreciated.
    Thanks in Advance!





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  • qesehmk
    02-11 07:31 PM
    So, according to you, what happens when no action is taken for assigned visa number?

    What matters is number of visas used. Have you looked at the numbers?

    I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...

    Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.

    Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?





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  • whiteStallion
    09-10 04:48 PM
    Talking about horses and your user id WhiteStallion is surreal. Dude looks like they are after all discussing a bill right up your alley :D

    No offence. Just Kidding!!

    I know! No offence taken!
    I wish I could benefit from these lousy discussions(in the senate) about horses or legal immigrants in some way... Seems its now happening today !





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  • supernova
    04-06 08:37 PM
    I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.

    You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.



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  • desi3933
    01-30 03:04 PM
    So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?

    No. This is NOT what I said.

    Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • immique
    07-03 01:42 AM
    I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!

    how can you argue that quota system in EB categories is fair when there is no quota system in H1 visas? do you really think it is fair that a person from retrogressed country wait for 7-10 years in the same category or even a higher EB category when a similar person in other countries see their application cleared in a few months. just imagine yourself being in the less favorable/retrogressed category. EB system is based on qualifications and not the country of Origin. I don't have any issue regarding diversity. diversity is good but I don't think penalizing qualified individuals from a few countries just based on the country of Origin bodes well for the future of immigration especially when US is trying to attract high skilled immigrants.



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  • mbawa2574
    02-15 05:30 PM
    Look, I don't want to enter a pissing match with anyone here. Go read your history (http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses) before jumping to conclusions.

    Don't tell me that If I come from India, I don't assimilate with the local population. If you support the old colonist and racist mentality , you stand no where. If you are so afraid of competing with Chinese and Indians that you have to refer Black period of American history, then my friend you don't belong on this website. We don't represent any nationality here at IV but there is a good population of Indians and Chinese on this website and you don't wanna offend them with your racism. Again there is freedom of speech but you can take your a$$ to some anti-indian or anti-chinese blog if you want to release your bigotry.





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  • 24fps
    02-13 02:47 PM
    LOL

    his choice of words was dramatic/wrong but it does'nt take away the fact the veracity of the article he's posted.

    i've been hearing about this for a while as well, and it needs to be debated/looked into



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  • sat0207
    04-27 03:16 PM
    from USCIS website check this link http://www.uscis.gov/graphics/public...ecks_42506.pdf





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  • Jaime
    09-10 12:27 PM
    Your employer is exploiting you and you want to change jobs, but can't - Your employer is exploiting your H1-B status by underpaying you and overworking you, and perhaps even withholding your visa papers from you. Most people in that situation would have left and gotten another job, but you can't because then you'd have to start your green card process all over again, and not all companies will sponsor you for a GC either.



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  • Wendyzhu77
    07-24 12:48 PM
    I think this post is purposely composed to scare people. As a matter of fact, any 485 "might" be rejected if it is not properly filed, which has always been true for years. If you case is rejected, of course you will need to refile. So, it is absolutely normal that "some" July 2 filers "might" need to file again. Literally, this sentence is correct, but the auther intentionally uses it to imply that "ALL" will be rejected. As a matter of fact, "every day", some 485 filers will need to refile their 485 sometime later.
    Continuing on this forum with more generic title
    http://immigrationvoice.org/forum/showthread.php?t=10383

    Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

    Greg Siskind is reporting the following about July2nd rejection here
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html

    part of above post --
    USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
    USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
    For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.





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  • gcpain
    06-25 11:07 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.



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  • h1-b forever
    01-24 09:16 AM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    GK,

    I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.

    Cheers,
    Rayoflight

    Did anything come of this plan? Is this doable?





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  • pd052009
    03-21 11:24 AM
    ^^^^



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  • 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





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  • sanz
    03-11 11:38 PM
    is it really out
    Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)

    this doesnt tell that yet



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  • Vsach
    03-16 09:58 AM
    Can we get rid of this "sick" person from the forum!!:rolleyes:



    dudester,
    I work for a REAL big company and have a REAL good job. Don't get worked up you might get a cardiac arrest. :)

    And, please, gimme a break. H1B = high skilled? ya right.............keep living in your dream world buddy.........good for you. Most H1Bs, according to PUBLISHED research, earn less than $50,000.

    Freaking diploma holders from India get an H1B easily...........you think the monkeys who work for the outsourcing firms in India are "highly-skilled" ??
    :p

    Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.

    If your highness is so highly skilled, how come you are stuck in the EB3 queue and whine to get into EB2 ???

    Yes i AM selfish..........you got a problem with that?





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  • GCKaMaara
    03-12 12:01 PM
    I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.

    So now only paid people get access to information. Why don't you start contributing now?

    I am not on any side and seriously want atleast the bashing stopped. But don't want some piece of jerk doing this for sake of passing time. I would consider Ron Hira a better candidate to counter bashing. He is paid (thats what it shows on his status as "donor").

    More, I sincerely don't believe that paid employee of competitor can do this. 2 reasons:

    1. By any kind of conversation, site gets more traffic. Thats exactly competitors don't want.
    2. This could lead to serious legal issue and opposites can lose their shirts.

    I think the people on opposite sites are some old finger burnt people from IV itself like Kumar. Think what Kumar will do if he is banned from IV today for harsh bashing!





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  • singhsa3
    03-04 08:32 AM
    Nope you got it wrong!

    The message is simple, you got the people with right stuff, standing in the line, waiting for their green cards. Their wait is neither good for them nor good for anyone else.

    By the way, nobody is claiming that we all will buy the house, we just are saying that we have the potential. And we want a platform to realize this potential. This is the fact no one can deny.

    Every point you are raising , I have answers for that, what will it take me to convince you now?

    Exactly. An idea is like a spark, but you have to be mindful of what we are pledging. Can someone in one single sentence write down the intent of this poll? If I understand correctly, the idea is to alert the media/USCIS and let them know that hey if you give us GCs, we will buy a house!

    So far people have only voted that they will buy a house when their I-485 gets approved. Yes, but when? The next day, next year, 2010, 2015?

    singhsa3/abhijitp/etc. Just write down the idea in one sentence or at least very clearly what it is that we are saying we will do in return for a GC and by when will we deliver on our promise. And then if the idea seems doable or worth pursuing, all of us can support it.

    In all reality, this is a far-fetched idea which cannot be legally binding so it would be tough for USCIS to enforce it. Flower campaign worked because USCIS knew they had done something illegal. IV has a tough time getting people here to contribute in return for getting a GC and here we are promising USCIS that we will buy a house in return for a GC. Hmmm...





    veereddy
    06-11 12:49 PM
    Sent





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    02-14 01:43 PM
    For those who is not seeing this is happenning,
    Just look at what is happening around you...