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  • indianindian2006
    07-14 05:56 PM
    Should I send a AC21 letter to USCIS along with my new employment letter?
    Who is the best attorney for such cases?
    Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?

    Ajthakur,
    Is their any ways you could contact your previous employer and try to find answers if your 140 is cancelled by that employer as that would give you a good idea of how to reply on this RFE.As suggested by others you have to reply to this RFE or your 485 is in jeopardy.





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  • kanakabyraju
    07-13 07:23 AM
    YES. You will be all set.

    My PD is Oct. 07 (EB 2)

    Gurus.. pls advise.

    Could i expect my dates to be current by mid of 2011?

    Thanks,





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  • div_bell_2003
    05-27 07:06 PM
    During our 485 filing the lawyers had informed us that making exact size color copies of any official documents (including DL) is illegal. They had asked me to increase/decrease the size by 20-25% which is perfectly legal.





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  • Hinglish
    01-08 10:04 PM
    May the best man win !



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  • feedfront
    09-21 12:23 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.



    Thanks.

    Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.

    You can hold your H1 transfer for a week or two till you don't respond.

    I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.

    I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.

    I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.

    Good Luck!





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  • bigboy007
    06-11 11:12 AM
    no need to worry about this proposal, as some one said this is a proposal like thousands of bills gone inside the whirl wind of politics in Senate and Congress, but as a precaution, IV warned everyone to sign this and send it to senators so they are extra aware of this situation. discussing on this is a waste of time. because this not even a burning issue and no one can pass and amendment without making aware of all the Senators.

    Grassley is always against H1B and the latest Jan 8th memo is because of his push. but this proposal of his will not work out. and H1B memo is currently sued in the court.

    Folks, Please do not get extra alarmed ont his stupid proposal.
    Its better to be prepared rather ignore it. I understand what you are saying but it doesnt hurt to oppose.. if one doesnt oppose you never know.



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  • meridiani.planum
    03-04 01:24 PM
    I am expectin WSJ to pay a visit. So I changed the first message.

    perhaps you want to make it even simpler?

    - Remove all the LC/I-140 details, just say that we are at the last stage of a long and arduous process, and are stuck waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
    - instead of EAD and validity just say getting a mortage is a lot easier if your immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage companies dont accept that.

    copy paste the suggested fixes there (or add a link to the administrative fixes campaign post)





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  • delax
    07-19 08:55 PM
    We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.

    Here you go - conversion should not impact this as the number of LC approvals remains the same:

    Here are all the LC approvals for India in the last seven years.

    Year, Total LC Approved, Total India
    2007 85112 24573
    2006 79782 22298
    2005 6133 1350
    2004 43582 No Info
    2003 62912 No Info
    2002 79784 No Info
    2001 77921 No Info
    2000 70204 No Info

    Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?



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  • sroyc
    10-20 02:26 PM
    Since we cannot vote and influence the outcome of the presidential elections in any way, let's focus on what we can influence - legislation related to EB immigration.

    I don't think either Obama or McCain will reject relief for EB immigrants stuck in the backlog. The challenge for us is (and has always been) getting such a bill through the House and the Senate. Let's try to figure out how we can do that instead of bickering over something we don't have any control over.





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  • yawl
    08-15 04:16 PM
    D. EMPLOYMENT PREFERENCE VISA AVAILABILITY FOR SEPTEMBER

    Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.



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  • vin13
    11-13 12:27 PM
    The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

    I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.

    I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.

    But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.





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  • sanju
    06-13 12:03 PM
    I think Administrator should put a stop this IDIOT. Every now and then some arrogant idiot shows up from somewhere, and tries to hijack the forum for that day. This guy polky doesn't care if people on this forum are all LEGALS. This maniac is brainwashed and should be banned immediately. Otherwise, he will waste rest of his day preaching about "ILLEGAL IMMIGRATION" even though no one on this forum is ILLEGAL.

    hey polky,

    will you leave yourself or do you want Administrators to ban you from this forum??? I would suggest that you take easy on yourself.


    ......WE ARE OPPOSED AROUND THE WORLD BY A MONOLITHIC AND RUTHLESS CONSPIRACY THAT RELIES PRIMARILY ON COVERT MEANS FOR EXPANDING ITS SPHERE OF INFLUENCE...ON INFILTRATION INSTEAD OF INVASION...ON SUBVERSION INSTEAD OF ELECTIONS...ON INTIMIDATION INSTEAD OF FREE CHOICE...IT IS A SYSTEM WHICH HAS CONSCRIPTED VAST HUMAN AND MATERIAL RESOURCES INTO THEE BUILDING OF A TIGHTLY KNIT HIGHLY EFFICIENT MACHINE THAT COMBINES MILITARY DIPLOMATIC INTELLIGENT ECONOMIC, SCIENTIFIC, AND POLITICAL OPERATIONS. ITS PREPARATIONS ARE CONCEALED NOT PUBLISHED. ITS MISTAKES ARE BURIED, NOT HEADLINED. ITS DISSENTERS ARE SILENCED. NOT PRAISED. NO EXPENDITURE IS QUESTIONED. NO SECRET IS REVEALED. THAT IS WHY THE ATHENIAN LAWMAKER SOLO DECREED IT A CRIME FOR ANY CITIZEN TO SHRINK FROM CONTROVERSY. I AM ASKING YOUR HELP IN THE TREMENDOUS TASK OF INFORMING AND ALERTING THE AMERICAN PEOPLE. CONFIDENT THAT WITH YOUR HELP MAN WILL BE WHAT HE WAS BORN TO BE...FREE AND INDEPENDENT" John F Kennedy

    http://video.google.com/videoplay?docid=8450558837192717138&hl=en



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  • singhsa3
    08-13 03:57 PM
    I think thats AC21 recapture thing...
    From sept visa bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html section E.



    We have 22704 FB visa overflow to EB for year 2008.





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  • saimrathi
    07-03 04:18 PM
    When we are already doing the work (sending flowers, calling senators & media etc), why should we pay IV? Also, I would feel more comfy donating to something where I can see where the money is going.. I'm not well versed with the website, but is there a place I can get financial info from.. Thnks..

    I understand your concern, it could be a waste of time and might not get us relief, but look, we have been trying to raise awareness and get media attention. And this law-suit will definately get us attention and open up debate about legal-immigrants.
    Lawsuit against USCIS, generates a lot of media articles and also the wrong-doing will be highlighted and brought to the administration's attention.



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  • akp22
    07-13 06:13 PM
    Yes, they can do a lot more than 25 k in 2 months.
    EB2 folks, please get prepared for RFEs - a few possibilities.
    1. Medicals, outdated physicals, PPD positive etc.
    2. Passport expired since applying for I-485 last summer.
    3. Father's or Mother's name misspelled.
    4. DOB discrepancies.
    5. Translations of documents
    6. Find those old pay-stubs, bank records, W2s, I-20s
    7. Google yourself and your spouse.

    Yes, I got RFE on birth cert....





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  • Macaca
    01-18 08:15 AM
    We sent out a newsletter last night and out of 8400 emails, we have nearly 250 bounced back.

    Emails like a@abc.com are obviously bogus emails.

    See, I can understand the reason for that, you dont want spam. But we send out newsletter less than 2-3 times a month. And we dont sell information.


    Send them PM and track them when they are logged.

    IV newsletter is NOT spam. It is VERY good cause for the recipient. You have to be more aggressive.



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  • ss777
    05-12 03:59 PM
    If we have all resources required to do MBA fulltime from a reputed school then there is no dilemea, one should opt for it. When resources are limited (need to work fulltime, has family with small kids, limited $$$ etc) then online is a better choice compared with part time. Students working for an Online MBA do develop good network and such degrees are being more and more accepted. Online course needs more descipline and dedication than the regular courses. The interaction between students and professor is more in a online course than in a part time course. You spend more time in research than in travel. Flexibility is another advantage.

    My client CIO did MBA from University of Pheonix in 2006 and he was hired as CIO in 2008. I am talking of a company with more than 5000 IT staff. So its my opinion that Online MBA is valued by the industry.

    http://rankings.ft.com/exportranking/online-mba-2009/pdf





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  • gangadhargs
    12-25 12:35 PM
    I got my reply from USCIS today. The receipt number is NRC2008072623.





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  • mpadapa
    07-01 04:53 PM
    Call U'r own lawmaker and request them to support the Lofgren bills. Talk to their leg. aide who handles immigration and appraise them about the bills. Believe me there are quite a few lawmaker offices who aren't aware of the Lofgren bills. If constituents call and request the lawmakers to support, then they will have to look into these bills. And more importantly you have to do a follow up call and find out the position of the lawmaker on the 3 bills.
    Find your lawmaker by keying in U'r address or zip code at http://www.visi.com/juan/congress/

    1000 signatures representing a problem which impacts close to a million people isn't enough. Admin fix campaign had around 5000 letters and it wasn't enough to create any big impact. If we are having a campaign with atleast 100K signatures, then Yes I am signing in on this campaign.


    We already participated in the phone campaign. What else we can do in helping the Lofgren bills?
    With an online petition and > 1000 signatures, we can mail the copies to media/congressman/President.





    singhsa3
    03-04 01:30 PM
    Done, thanks for your comments
    perhaps you want to make it even simpler?

    - Remove all the LC/I-140 details, just say that we are at the last stage of a long and arduous process, and are stuck waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
    - instead of EAD and validity just say getting a mortage is a lot easier if your immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage companies dont accept that.

    copy paste the suggested fixes there (or add a link to the administrative fixes campaign post)





    priderock
    06-22 04:39 PM
    And wait for RFE.
    USCIS is asking for COLOR copies of DL and passport.

    Can you please point me to a link where USCIS asking for a color copy of DL and Passport? My lawyer did not even ask for copy of the DL and B/W copy of the passport was good enough.



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