desi3933
06-19 02:52 PM
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
Mr. Jayant -
This is incorrect.
Remember, GC is for the future job and I-485 is not H1 filing where you need pay stubs.
One needs EVL for I-485. The job position must be open in order for beneficiary to file for I-485 application.
Have a good day!
Thanks,
Jayant
Mr. Jayant -
This is incorrect.
Remember, GC is for the future job and I-485 is not H1 filing where you need pay stubs.
One needs EVL for I-485. The job position must be open in order for beneficiary to file for I-485 application.
Have a good day!
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chanduv23
03-26 02:28 PM
We can get a employment verification letter. But now a days you need employment verification letter for many things. Just recently, jan 2009, I carried EVL for visa stamping. Now, my DL is expiring, should I ask them again for EVL. It has become more like HR nightmare for having a non-immigrants in the copany. These taylor made rules are not appropriate. When driving is a basic necassity, I could not comprahend why they need all additional documents. Any ways if this is true I have to ask my HR again to provide me one. Hope they do not get mad at me.
My HR already mad at me. Because
(1) First EVL - for AC21 job change
(2) Second EVL - to answer NOID
(3) Third EVL - for travel on AP
All the above in 3 months gap each after joining. Now if I ask for one more saying I need it for driver's license - she may ask if I also need an EVL to go to six flags or ride the NYC Subway
My HR already mad at me. Because
(1) First EVL - for AC21 job change
(2) Second EVL - to answer NOID
(3) Third EVL - for travel on AP
All the above in 3 months gap each after joining. Now if I ask for one more saying I need it for driver's license - she may ask if I also need an EVL to go to six flags or ride the NYC Subway
supu
10-31 02:48 AM
Can anyone please tell , What is a Service Request ?
I know about infopass and the call center telephone number.
I know about infopass and the call center telephone number.
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myvoice23
07-20 07:27 AM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
more...
bestia
01-26 08:51 PM
Just as example. With my first employer in the US I signed a contract without even reading it well (stupid thing to do, btw). Later I noticed that I signed something like "any products, technology, software, documentation, etc. ever developed by [me] is property of [my employer]". I don't remember the exact wording and lazy to look it up, but it meant that anything I will ever develop will belong to my employer. I didn't hesitate to leave them and contact their direct competitor, my previous employer wrote me "cease and desist" letter threating with legal actions if I will not respond with some time frame. I showed the contract to a lawyer and asked "what should I reply?". He laughed and said - reply "I suggest you to start legal actions immediately" or better don't reply at all. He won't be so stupid to go with this to court - he will lose the case and you will sue him back and recover all expenses.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
hsingh82
04-13 04:04 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
Great job IV :)... keep up the good work!
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
Great job IV :)... keep up the good work!
more...
gapala
03-03 12:40 PM
Can you guys guess, why isn't there an update on this thread after the visit?
Do you think we will ever see an update from OP?
Hope, all have gone well with this guy and soon will see update on the visit. :)
Do you think we will ever see an update from OP?
Hope, all have gone well with this guy and soon will see update on the visit. :)
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optimist
04-21 02:42 PM
Don't know if this would be of any help to 3-year degree holders or not, but World Education Services (WES) has recently changed its policy- it now considers 'selected' Indian 3-year bachelor's degree as equivalent to a US bachelor's degree. WES is a very well-reputed evaluation company.
http://wes.org/hotnews.asp?id=60
But, as always, what the USCIS will accept/decide can never be predicted by mere mortals like us!
http://wes.org/hotnews.asp?id=60
But, as always, what the USCIS will accept/decide can never be predicted by mere mortals like us!
more...
raysaikat
04-10 10:11 AM
Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....
And thus you are supporting the point made by anti-H1-B lobby that H1-B visas are being used for depressing wages. And secondly, what makes you think that an "american" will charge outrageously more compared to someone equally competent on H1-B?
From a legislative point of view, a good law should have a good underlying policy designed to serve "most" (if not all), but it also must be easy to enforce. H1-B law already has "legal" safeguards like the employee must always be paid (even if there is no project to work on), employee must not pay for the H1-B fees, etc. These stipulations are blatantly violated by software consultancies in general, and they do it because it has been proved to be very hard to catch (poor employees will say nothing in the fear of losing their job and worse, having to go back home). Thus the law is clearly not enforceable with the means available to DOL, USCIS or DOS. No doubt, there are very competent, high paid consultants on H1-B. If they were 90% of the people, we wouldn't be having this conversation. The situation in all likelihood is reversed (only a small percentage of consultants on H1-B are really competent and highly paid). Removing the privilege of H1-B from consultancies will remedy a lot of real and perception problems of H1-B at one go.
And thus you are supporting the point made by anti-H1-B lobby that H1-B visas are being used for depressing wages. And secondly, what makes you think that an "american" will charge outrageously more compared to someone equally competent on H1-B?
From a legislative point of view, a good law should have a good underlying policy designed to serve "most" (if not all), but it also must be easy to enforce. H1-B law already has "legal" safeguards like the employee must always be paid (even if there is no project to work on), employee must not pay for the H1-B fees, etc. These stipulations are blatantly violated by software consultancies in general, and they do it because it has been proved to be very hard to catch (poor employees will say nothing in the fear of losing their job and worse, having to go back home). Thus the law is clearly not enforceable with the means available to DOL, USCIS or DOS. No doubt, there are very competent, high paid consultants on H1-B. If they were 90% of the people, we wouldn't be having this conversation. The situation in all likelihood is reversed (only a small percentage of consultants on H1-B are really competent and highly paid). Removing the privilege of H1-B from consultancies will remedy a lot of real and perception problems of H1-B at one go.
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niklshah
08-27 10:57 AM
SC: Nebraska
Renewal
RD: 06/16
FP: 07/11
RFE 07/30
RFE received 08/04
RFE response sent and received by uscis 08/07
Expedite request 08/15
Expedite request accepted 08/19
waiting...
.
.
.
.
Current EAD expires Sep 26
How did you put the expedite request? did u call? did they take the edpedite request before 90 days of your filling? what did u tell them to put in the request? Pls help i am in same mess too file on june 2nd...
Renewal
RD: 06/16
FP: 07/11
RFE 07/30
RFE received 08/04
RFE response sent and received by uscis 08/07
Expedite request 08/15
Expedite request accepted 08/19
waiting...
.
.
.
.
Current EAD expires Sep 26
How did you put the expedite request? did u call? did they take the edpedite request before 90 days of your filling? what did u tell them to put in the request? Pls help i am in same mess too file on june 2nd...
more...
neverbefore
07-14 03:13 PM
When they told me about clearance and delay, they did not keep my passport, but gave it back to me at the same time and hence, I was able to travel. they, however, canceled by previous visas. I never asked them to withdraw my H1 application.
According to my spouse, there were three treatments at the embassy:
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
According to my spouse, there were three treatments at the embassy:
Passports retained for approvable/approved cases
Passports returned for rejected cases
Passports retained (no options provided to applicants) for audit cases
In your case, evidently they gave you an option as to whether you wanted to go with the delay. Am I right in assuming that?
Or were you asked to wait with your passport till they cleared up your case at their end?
We are not withdrawing our H1B application that was approved by USCIS. We are merely contemplating withdrawing from getting the actual visa stamp because of the uncertainty.
Right now, the embassy people are not being communicative at all. They did not respond to the last email we sent them and they do not have a live person taking any phone calls.
Initially they said the audit could take 4 weeks but their website (login enabled) says it might take up to 8 weeks.
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delhirocks
07-19 03:52 PM
There you go...If you found this discussion and board useful, please consider contributing.
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
more...
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chanduv23
07-02 04:19 PM
Legal fee (Myself and wife) = $1000 + $500 + $100 (expenses) = $1600
Medical = $ 300
Photos + Stationary + Other expenses = $ 200
Total = $2100
Medical = $ 300
Photos + Stationary + Other expenses = $ 200
Total = $2100
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Openarms
06-05 11:36 AM
That post was intended towards EB3 category, particularly EB3-India. Ever since starting of this Fiscal Year there are very few EB3-India approvals (Can anybody dispute that?). So how come USCIS used up all the visas already?? Most of the guys here always talk about EB2-India which is not highly effected category in the first place. We suppose to be taking care of effected categories.
more...
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ramaonline
08-07 07:35 PM
Note that after marriage, the GC for spouse needs to be filed under FB category which has a backlog of 4-5 years
F1, b1 and b2 visas are not dual intent (requires non-immigrant intent). On all forms you need to mention the visa status of all relatives who are in the US. So watch for that.
H1, L1 are dual intent visas. Pending I130 does not affect L1 or H1 visa approval since these visas are dual intent. This is usually the safest option.
Follow to join (Consular processing) helps if you were married before the 485 approval.
F1, b1 and b2 visas are not dual intent (requires non-immigrant intent). On all forms you need to mention the visa status of all relatives who are in the US. So watch for that.
H1, L1 are dual intent visas. Pending I130 does not affect L1 or H1 visa approval since these visas are dual intent. This is usually the safest option.
Follow to join (Consular processing) helps if you were married before the 485 approval.
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yabadaba
08-10 09:56 AM
I understand what everybody says, but some people are honest and you have to believe. Can somebody who is knowledgeable on the subject, post a reply please?
well you guys are the kings of jumping ahead of the line using labor substitution...how can any of us be knowledgable on the subject...contact unitednations or ppl like him who "help" the skirters of the law.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
well you guys are the kings of jumping ahead of the line using labor substitution...how can any of us be knowledgable on the subject...contact unitednations or ppl like him who "help" the skirters of the law.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
more...
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knacath
08-20 02:15 PM
Expedite request approved yesterday. Hopeful.....
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rssb
01-27 06:07 AM
U donno where to even start. My argument was based on relativity and "most of" theory and never was 100%.
U must be a gulti trying to defend ur region - God bless
?? :confused:
As MC and others say lets stay on topic (which is fraud) . You were the first to start and drag unrelated issues into this conversation. FYI I have good friends who are from the region and went to school with them. It does not matter where we are from , the common binding purpose we are discussing on this forum is immigration / legal immigration.
What we need is unity between people ( from various countries) and groups ( EB2, EB3 ) to work towards solving the problem on hand, which is retrogression. And not additional divisions. Who knows EB1 might get retrogressed if there are too many good people capable of that under the current rules.
People from different regions/ countries apply for legal immigration and everyone is undergoing the same thing. For general news, chit chat and adding spice there are other avenues to discuss unrelated politics ( blogs, personal pages, or tv 24/7 news channels ). If you have different topic which states what you are discussing, only interested parties can spend time reading and assimilating that useful information you have provided.
Your argument of relativity has nothing related to trivalley or what happened there.
U must be a gulti trying to defend ur region - God bless
?? :confused:
As MC and others say lets stay on topic (which is fraud) . You were the first to start and drag unrelated issues into this conversation. FYI I have good friends who are from the region and went to school with them. It does not matter where we are from , the common binding purpose we are discussing on this forum is immigration / legal immigration.
What we need is unity between people ( from various countries) and groups ( EB2, EB3 ) to work towards solving the problem on hand, which is retrogression. And not additional divisions. Who knows EB1 might get retrogressed if there are too many good people capable of that under the current rules.
People from different regions/ countries apply for legal immigration and everyone is undergoing the same thing. For general news, chit chat and adding spice there are other avenues to discuss unrelated politics ( blogs, personal pages, or tv 24/7 news channels ). If you have different topic which states what you are discussing, only interested parties can spend time reading and assimilating that useful information you have provided.
Your argument of relativity has nothing related to trivalley or what happened there.
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edaltsis
07-25 01:34 PM
Take a chill pill. If you have to ever go back to your home country, then think that you spent some quality time outside your country. This is how things should be but not bang your head thinking what happens to your GC.
suresh.emails
08-07 06:04 PM
Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
psaxena
05-29 08:00 PM
Guys go to this website and sign up and vote yes for this bill.
http://www.opencongress.org/bill/111-s1085/show
http://www.opencongress.org/bill/111-s1085/show