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  • martinvisalaw
    06-25 08:50 AM

    I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".

    I am not working with the company anymore but I am on their payroll till July 21st 2009.
    I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.

    My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.

    Do you think it will work and it won't cause any problems to my petition?
    What other options do I have ?

    Thanks in advance!

    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.

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  • h1bemployee
    02-26 05:14 PM
    wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .

    What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .

    I know every one wants to help others in our community but think twice before replying

    I am not posting this for timepass.... This is a real problem....

    My employer gave me Mar 12th as deadline.....

    wandmaker... I am really sorry ...

    here are the details:

    when my employer got the RFE.. he asked me to send the following documents
    # Previous company experience letters(from INdia)
    #All Education certificates
    # letter from the End client
    # current resume
    # w2 form

    and he asked me to notarize all these documents. I sent all the requested documents except the end client letter, because my client said that its not their company policy to provide these type of letters.

    There are two sub vendors between my client and employer. So I got a letter from one of the subvendor(he is in CA) that I am working in this company through them. In the letter he mentioned other sub vendor name also.

    after sending these docs to USCIS ... My employer came back to me saying that he need more detailed documents.

    # USCIS is doubting that I am working in CA not in NJ as the subvendor is from CA . But we provided the documents saying that I am working in NJ and I have filed my taxes from NJ only. I have my driving license from NJ.

    # My employer filed H1b Amendment (filed in Aug 2007) saying that I work as a computer support specialist(eventhough I am working as a Systems Engineer) to support the salary pay. USCIS is saying that its not a H1B level job.

    If I can tranafer my H1b to the main vendor , I will get a good pay and They can say I am working as Systems engineer which is h1b level job.

    Can I transfer my H1 in this situation?. Please help.

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  • roxychaney
    03-02 11:39 AM
    Just out of curiousity, does traditional painting qualify?

    o yea, guess i should have asked this before posting!

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  • rheoretro
    09-25 05:20 PM
    This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
    As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.

    I was approved a mortgage app. at very competetive rates... you can be asked by a lender whether you are a permanent resident or citizen or not, but you cannot be turned away just because your GC is still in the works.

    And if someone does choose to leave the country for some reason, they sell the property or put it on rent. Hopefully, they would have bought intelligently enough so that in case they need to put the property on rent, the rent would cover the mortgage!


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  • GotGC??
    05-15 01:28 PM
    Thanks...is your 140 in NSC or TSC ?
    My case is also similar and I decided to go with EB2

    My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.

    My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.

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  • edaltsis
    11-12 11:58 AM
    From the day you file your case you are legal to work with your new employer until its approval or denial. When you file your case (filed in normal processing without including paystub) sometimes they just approve it and sometimes they ask for a current paystub for evidence to close the case as approved. As you start working for your new company you would get a pay stub which can be used for the query.


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  • abhijitp
    02-14 07:02 PM
    A friendly bump from NORCAL;)

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  • RandyK
    07-15 03:18 PM

    EB2 or EB3 ?


    Chennai Consulate has released the August appointment schedule on their site.


    I got an appointment too.. yahoooooooooo...


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  • jnagendra
    08-13 01:35 PM
    Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .

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  • jungalee43
    02-17 09:14 PM
    We need to do something to make him change his mind or at least soften his stand. It should not be anything sarcastic. I think flower campaign will have element of being sarcastic or even being critical.
    It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
    This can be followed by something like letter campaign on the lines of admin fix campaign.


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  • needhelp!
    03-24 12:43 PM
    Call them at: 1-800-433-8850

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  • new_gc_guy
    11-26 06:21 PM
    I may not be able to take part due to definite schedule conflicts. Regardless - I will contribute 100$ per member of my family(2) !


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  • wandmaker
    08-11 06:45 PM
    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)

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  • rishikesh75
    11-09 10:28 AM
    Do not worry about RFE on AP. I was and am in the same situation (NSC->CSC->TSC) . ND was Sep 19; got my EAD; RFE on AP (for me & flmy) & no FP. RFE was asking to submit all copies of I-94's ever issued to be, proof of relationship (birth , marriage cert). Yest , on the website saw that our AP was approved :D.

    For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.


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  • Nanda
    07-11 11:00 PM
    I am in Tampa. Let me know if I can help in any way.

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  • sareesh
    04-21 12:12 PM
    I understand your problem with moving dates slowly but did not follow your problem with porting.


    There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

    Has anything been done yet?


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  • aadimanav
    02-08 10:32 AM
    Ok. So if I summarize, you guys are providing the following ranges:

    22 Lakhs to 40 Lakhs
    20 Lakhs to 35 Lakhs
    12 Lakhs to 15 Lakhs
    3 Lakhs to 4 Lakhs

    That means, 3 Lakhs to 40 Lakhs. :)

    Wow! what a huge difference

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  • dval_dpal
    12-27 02:21 PM
    hello guys...

    i'm about to spend 180k to open a business in month or so....am i eligible for this?

    thank you for your inputs..

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  • quizzer
    02-23 04:54 PM
    Thats true, When my I-140 was approved, as per the site my date was atleast 2 months away, but i received the approval notice. :)


    Can you give more details about your I140?
    EB2 or EB3?
    NSC or TSC?
    RD and AD???


    01-27 08:48 AM
    Initially I also thought that this bill would remove 40, 000 numbers from the numerical queue. But in reality that may not be the case. 40, 000 is the EB1 quota. How many of those are PhDs? Anecdotal evidence is that majority of EB1 now goes to International managers. So number wise this bill may not do much.

    But I wholeheartedly support this bill. Even if this removes 5, 000 people from the queue. It is better than nothing. 5, 000 is two years worth of EB3-I quota :) :)

    Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
    i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.

    01-20 11:32 AM
    (1) Would CHC will vote yes on health care without any coverage for illegal and since CIR may not happen

    (2) If CIR fails why would CHC supports us in piecemeal..

    to me if no CIR then no piecemeal..

    Answer to 2)

    CHC only wants amnesty for illegals. They don't care about skilled immigration.
    They hold the SKIL etc hostage to CIR. But CIR is impossible.
    CHC will never support on piecemeal. But as Democratic party loses power , CHC power also reduces.

    Moreover the CIR coalition also weakens with failures.

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