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My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Hi,
Don't worry about this RFE, looks like your attorney is over reacting in responding to RFE, my close friend got a similar RFE last year when he used AC 21 without notifying USCIS and joined a new employer, he just responded to the RFE with the copy of the offer letter and a new standard HR letter provided for giving EVL letter for any purpose, but addressed to USCIS signed by an HR representative, upon the RFE response USCIS approved his I 485 within 15 days. USCIS is just trying to make sure you're currently employed and in the same profession, I think just getting the automated EVL and getting it signed by the HR plus your offer letter copy should be sufficient. I myself successfully used AC 21 , but by notifying USCIS after joining new employer and got my GC approved last year without any RFE.
Good Luck
Cheers
kris
However I'm interested particularly in your state as you have the bete noire of H1Bs - the infamous legal immigration killer - Mr. Durbin as a Senator from your state. Anytime you guys plan a rally outside his office ( or thousand IV members meeting Mr. Durbin program), do count me in.
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Your Labour filing date.
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Best of Luck with your future endeavors. Please stop by to answer any questions on this forum
Cheers!
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
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H-1B cap or EB green card cap?
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I received RFE on my I-131 application asking for all the I-94's that is being issued to me.
I had been in and out of US many times and there's lot if I-94's involved and I don't anything with me except the latest. What options do I have?... Also couple of times during my earlier trip (initial visits in US), the AIR Line didn't even take the I-94 from my Passport which ultimately I lost.
My Passport has all the entries indicating my Date in and Date out...
Gurus - What do you advise on my case...
Anybody's input are highly appreciated and I know we could somehow get the I-94 copies by requesting USCIS. (That is time consuming)... I have to respond in next five to ten days...
What options do I have?...
Thanks.
Send them copies of all the I-94s you have along with a letter stating entry exit from US. Include airline tickets if you still have them.
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Thanks Paskal, I fully understand now with the example of the Scarlett Letter. I need to get busy and get another waiver then. Maybe I wasnt very clear on my first post about my stauts. I had had only a first J1 from 2002 to 2005. I wanted to stay so I got a waiver that time, and I tried to get a H1B, but I couldnt get it due to expired documents that I could not get renew from my country so my H1B was denied. Now some years later I decide to come back and the only fast way to come was with another visa J1. So as you explained I need to get my case number and start my process all over again. ONce I get the waiver I will look for a new sponsor and star the H1B process all over again. I cant be very open about this because if my present sponsor realizes that I am doing waiver and everything else I may loose my J1 because I signed a contrat to work for them for 3 years and then go back home. I think it is very unfair, but that is how things work around here.
Thanks so much for your advice. Good luck to everyone in this same boat!
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I am doing that for all the places I have lived in (I think that makes it a valid idea) and that way sending out mesg to 5-6 times the # of pubs.
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I am in 9th year extension with priority date 09/2002.
My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:
I have Visa vailid till Jan09.
1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.
2.Is the Priority date transferrable if I change the employer?
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- How come people like me go red after 1-2 posts, and utter rascals here remain fully green even after redded by many?
Even though the context of your question and intention is suspicious at best....it's actually a really good question.
Let me restate it for the benefit of others
Q. How does the red and green rating system truly work?
A. The general rule that it is directly related to how much fellow members like your post holds true but there are also some finer details. Supervisors/admins can award much higher points either positive or negative. The total number of your posts even if unrated is a factor...generally unrated posts tilt the balance towards positive...which makes sense since no one found it offensive.
So becoming green is easy when the majority of your posts help your fellow IV members.
It's really tough to stay red when you have a large number of posts cause lots of fellow members have to rate your posts negatively.
Hope this helps.
Admins can chime in here and clarify if I haven't explained it right.
It's good to have a clear explanation of policy.
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Being here and being a part are two different things, you are either for or against a thing, if you are for eb improvement then be 100% for it - not i m EB2 so i support eb2 or I'm masters so i support masters, such discussions are fruitless and meaningless... we don't need this
'You should trust the organization in what they do' - you are saying. The organization should not be perceived as an abstract, 'know-it-all' deity that we, tiny humans have to blidnly follow. The organization is us collectively and we should not be following it, but leading it or at least taking it somewhere. Sometimes the road is straight and goes forward, sometimes there seem to be multiple roads that need exploring which may or may not coverge again. Sometimes the journey is not continuous and you need to stop, consult a map or a compass and realing yourself. There is nothing wrong with that. There should never be blind trust because that will sooner or later drive us all down the cliffs.
Everyone is intelligent enough to know whats right and whats wrong... if you feel what an organization is doing is wrong then do not associate yourself with it. If you see a cliff ahead then there is a good chance everyone else will see it too if there is one.... but dont start yelling i see a cliff i see a cliff (when there is none) follow me follow me and disperse the group
'If you have ideas talk to the core and discuss with them in person' - that is exactly what we are doing. Throwing around ideas and discussing them amongst ourselves. Sometimes the discussion is easy and disciplined and constructive and sometimes it is hard and confrontational and destructive. I think that if it is too confrontational or too destrcutive that indicates that not all is well within the group - I would refrain from calling it an organization just yet - and the ideas are not mature or ready yet and/or the group is not really cohesive and it is really not one group. Both of which are problems that need to be addressed and dealt with. By stifling discussion and censoring out ideas that you do not like, you are doing a disservice to the entire group because the group has to discover what is the cause of the destructive confrontation otherwise it cannot successfully function and fulfill its objectives.
You are not doing what you think you are... if you have solid ideas call the core, they know a lot more then what we do about how things work when it comes to lobbying. I guess you only have to look at the flower campane to know what organization and unity means, thanks to their efforts USCIS reversed there decision!
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I wish this happened for H1 transfers, issue of EAD, I-485 etc etc. Oh,..now they will be understaffed and over worked ...and the list goes on and on.
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One of my friend's 485 was denied after 2.5 years. Their H1 was over and did not extend. Both Husband and wife were working on EAD and they never even had 1% doubt about not getting approved. The reason was that the base labor was already utilized by his employer for another employee and that guy got GC about 2 months before this guy. Incidentally both are friends and worked for the same company. But USCIS was kind enough to allow him to continue provided they file for new labor through Perm and they also got the Old PD. Then they applied in Perm through Sheela Murthy and then got their GC in almost like 45 days. This happenned about 8 months back. PLEASE REMEMBER THIS SITUATION. I am not sure if this is USCIS mistake for approving 140 for 2 people with the same labor. This still haunt's my friend's family as I remeber the day they got the rejection letter.
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