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  • abhijitp
    07-31 03:21 PM
    question: can I file without employer letter
    For an employment-based petition, in order to proceed and be valid,
    they
    need to still INTEND to be employed by the sponsoring employer if and
    when
    they get their green card. The employer however, does not need to sign
    any
    forms per se with relation to the adjustment petition. If the alien is
    currently working for the sponsoring employer (on H-1B or other) he or
    she
    can port or transfer employers without penalty or without losing the
    green
    card process 180 days after they file the I-485 petition. At that
    point,
    they can change employers and work for whomever they wish (provided
    they
    have a valid work permit)

    The forms which need to be filed with the I-485 include;

    Form I-485 for EACH applicant with $325 filing fee ($225 if under age
    14)
    Proof of approved I-140
    Form G-325A for each applicant
    G-28, if attorney involved
    Form I765 Work Permit (optional) (filing fee of $180)
    Form I-131 Travel Permit (optional) (filing fee of $170)
    Fingerprint fee of $70 for each
    Medical examination by INS approved doctor
    Passport, visa, approval notices and I-94 card showing all years in the
    US
    in valid status and maintenance of status
    Marriage certificate, birth certificates of children.
    Form I-134 Affidavit of Support (notarized) or I-864, with tax returns
    (1
    year must be attached, but income for three years must be listed); job
    letter from the alien's current employer; and pay-stubs.
    If the alien is NOT yet working for the sponsoring employer, I like to
    include a letter from the employer stating that if and when the alien
    gets
    his residency, they still intend to hire him or her.

    Hope this answers the questions.
    Is it possible for us to ask, what are the chances of rejection solely based on the lack of the Employment Verification Letter? If too high, it is a better idea to re-submit. If not a high risk, might as well wait for the A# and then send out this document.
    I was present on the conf call on Sunday and wanted to ask this question in the end, but we ran out of time, I have sent her a follow up email with this question (no response yet).





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  • acecupid
    06-16 10:42 AM
    Thanks for your reply.
    what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
    Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.

    Please suggest what he can do in this situation.
    If anyone come across in this situation then please reply to my question.
    Appericiate your help in advacne

    The way I look at your story is that you want to get back at your company in some way. You were employed as L1 by your company all this while and you did not care about fraud at that time ? You were enjoying the benefits so you did not care. Now since your company is going to send you back to India anyways, you want to do everything possible to get them in trouble.

    I dont support fraud in any way and I do think such companies should be punished. But you dont have my sympathy either since you think fraud is ok as long as you are benefitting from it.





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  • aquarianf
    06-15 12:29 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485

    Medical Examination of Aliens Seeking Adjustment of Status - I-693

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765

    Application for Travel Document - I-131

    Affidavit of Support - I-134

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
    __________________
    We Are Legal Aliens, Legal Aliens on a path to become Legal Permanent Residents and ultimately citizens. Let's stop calling ourselves H1B high tech temp workers - and I changed my signature in the morning of one fine day when all dates became current


    That's a great advice. Thanks.





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  • chanduv23
    11-21 03:44 PM
    But haven't got response from NSC or Ombudsman..

    TSC people are thinking smart by sending "Contact Help Desk" letter
    to everyone.. They don't even see what's in the letter and why 100's of people sending same letter. Sigh.. :mad:

    Because - it is a legal issue and they have to deal with it carefully.



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  • mamit
    02-12 04:14 PM
    the first contact for the congressman's office is the relevant consulate. so it doesn't hurt. it is a simple process. your boss has to sign a confidentiality release document for you and attach a cover letter. to help your boss, identify the congressman, go to the congressman's website and find out where the forms are, write a draft cover letter etc . you can do this yourself i.e enquire as a constituent just in case you don't want to involve your boss. i think it may be better that it goes through your boss

    Thanks Bpositive. I called up the DOS yesterday and they said they don't hve any record against my case number with them. Does that mean the embassy still haven't send my info to them (which I doubt since its been 10 weeks since my visa appointment at Delhi) or does it mean that my security check are ongoing? Should I visit Delhi consulate in person and talk to them about it?





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  • krish2006
    04-04 07:52 PM
    What about the 1,194 EB2I cases pending with PD upto 12/31/2005?

    Those cases are void at least per DOS. If you look at last month (or prev 6 months) demand data from DOS .
    Demand Prior to Jan1st 2006 for EB2 I/C = 0

    Demand data reflects the latest and accurate. (at least this is the document DOS relies on to set the priority date in VB)



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  • satyasaich
    01-27 03:00 PM
    Please click the following link

    http://www.migrationpolicy.org/ITFIAF/news_012506.php

    Dr. Martin recommends that:
    1.Policies must be flexible enough to respond to changing market conditions;
    2.Visa categories, which have become so complicated they often require professional assistance to navigate, should be simplified;
    3.The government apparatus for managing applications should be better funded and more efficient;
    4.Requirements for workers and employers should be reasonable and consistent with the way the labor market functions (so for jobs that are not temporary, workers should be given an option to transition to permanent status);
    5.Workers should have mobility among jobs and employers; and
    6.Employment of unauthorized migrants must be curtailed.
    Does anyone know what happened in this breakfast meeting..





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  • pappu
    08-07 04:02 PM
    Let's file a lawsuit against whoever started this system..LOL

    On a more serious note, Can I port my red dots to green ones after i have been in reds for like a month? I won't be surprised if someone actually starts a thread with this kinda issue here.

    :D:D:D

    Yes you can port it using AC21. IV will need to issue a new memo for it though. But your designation should be same. If you are a junior member, you need to post only as a junior member on IV forums.

    Its your choice.



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  • gandu_no1
    07-13 10:56 AM
    Good idea kumar1, once this rollercoaster ride is over and settled.. we should start an anti-Lou Dobbs Youtube session. I will definately contribute in whatever way I can.. uploading videos, editing etc.


    Lou Dobbs and CNN runs an hour long "Hate Immigrants" Program every night Monday to Friday. He repeatedly calls US immigration as a failed system, H1-B and L1...as cheap labor and stealing American jobs, he has big problem with China and China's developing economy, He blames foreigners for bad economic condition of California. He proudly uses the word "Illegal Alien". His program "Lou Dobbs Tonight" is nothing less that someone in Iran running a hate show against America. Lou Dobb always called CIR as "So Called Grand Amnesy"! Once this July visa bulletin fiasco settles down, we need to get together and attack this guy, every night so that he can stop his hate propoganda.





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  • gpawar
    01-15 08:16 AM
    VFS locations, timing and address:

    Tirupati Apartments, Bhulabhai Desai Road, Opp. Mahalakshmi Temple,
    Mumbai - 400026.
    0800-1300 & 1400-1500

    Gujarat Chambers Building, Shri Ambika Mills, Ashram Road, Ahmedabad - 380009 .
    0800-1300 & 1400-1500

    106, Sohrab Hall 1st Floor, Sassoon Road, Behind Pune Station Junction,
    Pune - 411001 .
    0800-1300 & 1400-1500

    Please remember to watch out for the emails around 1:00 - 1:30 pm, so that you can submit your PP for stamping on the same day. I ended up missing today's deadline of 3pm and essentially losing one day.

    Good luck,
    G Pawar



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  • fall2004us
    01-05 06:05 PM
    Great idea..
    as pappu mentioned, in the coming months we need to work harder to achieve some of IV's goals





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  • CADude
    09-24 09:30 PM
    Dear Mr. XXX,

    Pursuant to our conversation today, I am forwarding the reply from the Nebraska Service Center of the U.S. Citizenship and Immigration Services (CIS) regarding our inquiry into your application for Adjustment of Status (I-485).

    Our office initiated an inquiry into your case as a result of your correspondence dated September 12, 2007 sent to Congresswoman Maxine Waters. If you receive or do not receive a notice of action from CIS within the next 30 days please notify our Immigration Caseworker, Blanca Jimenez at ext. 18.

    Thank you for contacting the office of Congresswoman Maxine Waters to assist you in this matter.



    Sincerely,


    Blanca Jimenez
    Constituent Services Supervisor
    Office of Congresswoman Maxine Waters (CA-35)
    323.757.8900 ext. 18
    323.757.9506 fax


    Good Morning Ms. Jimenez,

    I do not show that we have data-entered Mr. XXX�s I-485 yet. The I-485 must be in line to be data-entered because we receipted an I-765 (LIN-07-245-XXXX).

    The I485 application is still pending at this office. Although the Department of State Visa Bulletin indicated visas were available for most employment categories USCIS still has to adjudicate every application. NSC has approximately 26,000 I485 applications that may have a visa available and we are reviewing them as expeditiously as possible. This application is in line to be worked but it will take time. Please allow an additional 45 days for NSC to adjudicate the application. If you have not received a notice from NSC after 45 days you may submit another inquiry.

    Thank you,

    Congressional Liaison
    U.S. Citizenship and Immigration Service
    Nebraska Service Center



    Respected Ms Waters,

    Sub: USCIS inefficiency for Legal Immigration


    I send my I-485 AOS application to USCIS and received on July 2nd 2007 at Nebraska Service Center, Lincoln, NE.

    It's almost approx 75 days since the application received at USCIS and have not received the Receipt Notice or any notification from USCIS.

    I tried to contact Customer Service at USCIS. They don't provided any information. USCIS website updates show they are processing 08/01 or later for AOS application. They are not following the First In First Out(FIFO) order.

    I need help of your good to know the status of my I-485 application.

    Thank you,



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  • spdy_mn
    06-29 04:06 PM
    Since the CIR failed, I think they don't need the $4.4 billion for border security anymore. Just a thought/





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  • senthil1
    01-06 06:06 PM
    It is excellent idea to get citizenship before getting GC. Is it possible? Nothing wrong in trying. But main aim should be getting GC reform. Like this only everyone including IV started in 2005. In 2006 High skilled immigration groups including IV and Corporations lobbied for unlimited GC and unlimited H1b for masters in STEM from India and for all Master Degree from USA. After realizing the practical situation every year diluted the numbers and all of them lobbied for just recapture bill in 2008. Finally nothing was acheived in GC. You can try this idea also but better cautious that it should not impact GC reform.

    Ahuja,

    Why do you even need a GC, my friend. Stick with H1B visa. the only difference between GC and H1 is independence of employer and why do you even bother about it. You can always get a job where you want, buy a house now, sell it tomorrow, then after 6 years, go out for a year, come back on new H1.
    As I said, people here are highly motivated and do want to follow the rules and achieve bigger things in lives, creating value in the process. But not many are willing to wait for 5 more precious years, after your greencard takes 10 years. Or 15 years on GC and 5 years for Citizenship. Once you work very hard, then you tend to ask for the right fruit, not just take anything.And whatever the Citizenship requirements are.. they will be met while waiting for theis damn GC..
    I am just hitting at the attitude.. not person.. sorry...
    Assume your school makes your 4 year course extended to 6 years and in the process makes you do a lot more..What do you ask at the end of it. 4 year degree or a 4+2 year degree.. .something similar..

    Remember the lambi race ka goda.. He didnt pick the coin tossed at him.. anyone.. which movie.. ???



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  • makemygc
    01-24 10:36 PM
    Why don't you use direct flights to India. There is Continental from NY & American from Chicago to Delhi everyday. If you directly book from their websites, the prices are quite reasonable. At least American I know also serves Asian Vegetarian (meant for Indian veggies) food.

    Well the problem is there are very few airlines flying direct and everyone is going for it. You cannot get those tickets and even if you will, it will be expensive. I just recently gone through this pain.





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  • puddonhead
    07-07 11:20 AM
    At least one of the big Indian outsourcers have recently done an internal audit to identify all L1s all over USA who were working under "client management". They are in the process of either sending them back to India immediately or filing H1s for them.

    I heard this from one of my aquintances who was on L1 and is getting converted to H1. He was ecstatic about the new job portability that this offers him. I think it will not be an overstatement that the "bonded labor" nature of L1's enable a lot of very subtle discrimination and exploitation because both the employee and his manager knows that he has nowhere else to go. So this is a very positive step indeed.

    If all the Indian companies themselves take steps to address this fraud - then that is probably the best non-disruptive solution that is there for this problem.



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  • justin150377
    07-09 09:37 PM
    Do you think the director just decided to forward the flowers? I am sure he must have called a Monday meeting to counter this. A suggestion during the meeting must have been to forward the flowers to the veterans.

    No they had to pass it through the senate first, the house debated on it and the President Veto'd it and as history shows the USCIS took things into their own hands and decided to forward the flowers anyway (with immigrant notes) to the hospital.





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  • pappu
    10-17 10:04 AM
    SA 3275. Mr. LEVIN submitted an amendment intended to be proposed by him to the bill H.R. 3093, making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2008, and for other purposes; as follows:

    At the appropriate place, insert the following:

    SEC. __. ANNUAL REPORT ON DELAYED BACKGROUND CHECKS.

    (a) In General.--Not later than 60 days after the end of each fiscal year, the Director of the Federal Bureau of Investigation shall submit a report to the congressional committees listed in subsection (b) that contains, with respect to the most recently completed fiscal year--

    (1) a statistical analysis of the number of background checks processed and pending, including check requests in process at the time of the report and check requests that have been received but are not yet in process;

    (2) the average time taken to complete each type of background check;

    (3) a description of the efforts and progress made by the Director in addressing any delays in completing such background checks; and

    (4) a description of the progress that has been made in automating files used in the name check process, including investigative files of the Federal Bureau of Investigation.

    (b) Recipients.--The congressional committees listed in this subsection are--

    (1) the Committee on the Judiciary of the Senate;

    (2) the Committee on Homeland Security and Governmental Affairs of the Senate;

    (3) the Committee on the Judiciary of the House of Representatives; and

    (4) the Committee on Homeland Security of the House of Representati

    This does not go far enough to solve the problem. A lot more work is needed to get an immediate fix to the problem.





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  • caliguy
    10-05 05:47 PM
    @ fatjoe

    We should also check if we have a case to sue USCIS. Last year, they said they were going by receipt/notice date and not PDs. What are they going by this year? Hundreds of people with receipt/notice/PD later than mine have been approved. My PD is June 2004.

    Yes, lets send a letter collectively to Napolitino.

    Hi vikki76, bpositive, dipika, caliguy, leoindiano:
    If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?





    BharatPremi
    03-24 03:34 PM
    http://immigrationvoice.org/forum/showthread.php?t=15304





    indio0617
    12-31 03:19 PM
    Any member from IIT Bombay, please contact me ASAP.

    We have a very important lead to work with.


    SJ:

    I have left messages for both my cousins. Apparently they are both on vacation, but I hope to hook up with them within the next few days. I am sure both will have excellent connections in IIT (B) circles.



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