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).
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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whitecollarslave
03-26 01:04 PM
Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)
I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.
Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.
Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?
Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).
You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.
I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.
Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.
Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?
Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).
You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.
priderock
09-11 11:45 PM
well this is great news there were no hits for my husbands name and only 1 hit for my name! Hopefully we will be ok and not get stuck in name checks then! Thank you for your response!
How did you know the Name check status ? Did you call USCIS ?
It is interesting to know they start the name check before FP.
How did you know the Name check status ? Did you call USCIS ?
It is interesting to know they start the name check before FP.
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pappu
01-09 03:42 PM
banners and posters are here
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
Maybe you or others can take a lead in this campaign and have everyone use IV posters and banners..
Hello Pappu,
I feel we should have some banners up in different Indian stores, specially targeting some selfish EAD holders, who already feel they got their green cards irrespective of the current visa bulletin
1. Setting up banners will not only attract new members, but will make these EAD holders think from a rational perspective.
2.Also IV administration should send out a personal email to all it members, informing them about the importance of coming together, this way the EAD members who have stopped coming to IV will get the message.
3. We should contact the Indian newspaper editors, to print about our rally on March1st 2009, I believe more awareness we spread a better result we get.
Thank you
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
Maybe you or others can take a lead in this campaign and have everyone use IV posters and banners..
Hello Pappu,
I feel we should have some banners up in different Indian stores, specially targeting some selfish EAD holders, who already feel they got their green cards irrespective of the current visa bulletin
1. Setting up banners will not only attract new members, but will make these EAD holders think from a rational perspective.
2.Also IV administration should send out a personal email to all it members, informing them about the importance of coming together, this way the EAD members who have stopped coming to IV will get the message.
3. We should contact the Indian newspaper editors, to print about our rally on March1st 2009, I believe more awareness we spread a better result we get.
Thank you
more...
sledge_hammer
11-25 08:06 PM
I still would not put the blame on the lender. Nobody put a gun to your head and asked you to buy a home. You, out of your own volition, went to the lender after all the shopping you did for rates, then settled with one lender and signed the contract. Why is it the lender's fault for lending you money when you needed it? Why didnt you finanance the whole purchase yourself? You didn't have that kind of money, right? So what the lender did was charge you interest, as a fee for loaning you the money. So the builder/owner of the home got his money from the bank and left. Now the two parties involved are you and the lender. And it is your obligation to pay the loan whether the home appreciates or depriciates. Like Canadian_Dream already said, any investment has risk associated with it. You should have paid attention to it before signing the contract. Have you ever invested in a stocks or mutual funds? There is always a disclaimer that there is a certain amount of risk involved. The investment in real estate is just like that. It is not like putting away money in a savings account which is insured by FDIC.
If someone is dumb enough not to know these things he should not be investing in the first place!
Yup, that was my point - both are greedy :)....so no point blaming any 1 party. And agree with you that foreclosure is only an option if you 'really' can't pay your monthly dues and that too for a sustained period of time - if one has the money to pay the monthly mortgage, one should continue to pay it off even if the asset value as plummeted to rock bottom because that is what you have singed in for - the amount of loan you took out to buy that house. No excuse from that!
Foreclosing just because you can't make short term profit on it is simply in-excusable.
If someone is dumb enough not to know these things he should not be investing in the first place!
Yup, that was my point - both are greedy :)....so no point blaming any 1 party. And agree with you that foreclosure is only an option if you 'really' can't pay your monthly dues and that too for a sustained period of time - if one has the money to pay the monthly mortgage, one should continue to pay it off even if the asset value as plummeted to rock bottom because that is what you have singed in for - the amount of loan you took out to buy that house. No excuse from that!
Foreclosing just because you can't make short term profit on it is simply in-excusable.
vgayalu
10-05 08:35 AM
we got approval on our I-485 (PD Jan,2006).
I take this opportunity to THANK IV ans its Core Group for doing this wonderful service to EB Immigrants community.
Thanks and best wishes for those who are in the sprocess.
Ram.
Let me say congrats first.
Why it took upto October in your case?
Mine is April 06- EB2 india. Got RFE. and answered on 29 sep( Received by uscis - 30 Sep) .
When we can I expect approval?
Do you can suggest any thing?
I take this opportunity to THANK IV ans its Core Group for doing this wonderful service to EB Immigrants community.
Thanks and best wishes for those who are in the sprocess.
Ram.
Let me say congrats first.
Why it took upto October in your case?
Mine is April 06- EB2 india. Got RFE. and answered on 29 sep( Received by uscis - 30 Sep) .
When we can I expect approval?
Do you can suggest any thing?
more...
mirage
08-20 09:20 PM
Yes true but passing of Vise arecapture bill is like waiting for 'Kumbhkaran' to wake up, they've been sleeping for 4-5 years what is the gurantee that they'll not sleep for another 5 years on the immigration bills ? Also, how is the spillover going to be distributed among EB3? First EB3 ROW and then EB3 C/I as in the old system?
Personally, I think the visa recapture bill would help things quite a bit.
Personally, I think the visa recapture bill would help things quite a bit.
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justin150377
07-09 06:47 PM
DONT DO THAT.
Let the flowers go to USCIS and let them do whatever they want with the flowers. Kindly dont jinx this campaign by cancelling your orders and asking for refunds.
It's too late flowers have shipped. They will have to be delivered somewhere, it'll just force the fedex/dhl not to accept a forward from USCIS.
Let the flowers go to USCIS and let them do whatever they want with the flowers. Kindly dont jinx this campaign by cancelling your orders and asking for refunds.
It's too late flowers have shipped. They will have to be delivered somewhere, it'll just force the fedex/dhl not to accept a forward from USCIS.
more...
jasmin45
07-15 09:10 PM
There's an interesting blog about Lou Dobbs' "inaccuracies" here:
www.dobbswatch.com
Lets track him down.. after the July fieasco is over we will deal with this guy
www.dobbswatch.com
Lets track him down.. after the July fieasco is over we will deal with this guy
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andycool
08-18 09:37 AM
...is getting approved. My case is with an IO since Aug 3 and going by the trend, I should have received an update by now (within 2 weeks of getting assigned to the IO). Not sure whats going on :( This is the worst ever wait in my life. Wonder when its going to end???
Same here
SR: on Aug 02 ...Got a Reply wait for 60 Days case under review
Info pass on Aug 05 : Got Reply case with officer wait 30 Days
Just waiting ..GOD ....Give me Green :rolleyes:
Same here
SR: on Aug 02 ...Got a Reply wait for 60 Days case under review
Info pass on Aug 05 : Got Reply case with officer wait 30 Days
Just waiting ..GOD ....Give me Green :rolleyes:
more...
chanukya
07-01 11:28 AM
http://www.immigration-law.com/
http://www.murthy.com/nflash/nf_062907.html
Guys this is a revision to the July Visa Bulletin. Meaning, even if the revision happens on July 29th to the July Visa Bulletin, it holds good for entire july.
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
http://www.murthy.com/nflash/nf_062907.html
Guys this is a revision to the July Visa Bulletin. Meaning, even if the revision happens on July 29th to the July Visa Bulletin, it holds good for entire july.
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
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andy garcia
06-19 08:57 AM
Hi, I am living in Florida. Do I still send the I-485/EAD/AP documents to Nebraska or Texas ? Can some one please tell me.
Regards
Taken from the 485 instructions.
Where Should You File Form I-485?
Employment-based adjustment of status.
File all employment-based adjustment of status applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.
Regards
Taken from the 485 instructions.
Where Should You File Form I-485?
Employment-based adjustment of status.
File all employment-based adjustment of status applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.
more...
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jayleno
11-07 07:55 PM
I just got a response back from TSC. They attached my letter, the envolope I sent the letter in and a response.
The response is a standard one...."Thank you for your recent enquiry to the TSC.....contact NCSC...blah blah...blah". No mention of AC-21, 140 etc. I dont know what to make of it. Same for my wife's letter.
Well...atleast we know it reached them :).
The response is a standard one...."Thank you for your recent enquiry to the TSC.....contact NCSC...blah blah...blah". No mention of AC-21, 140 etc. I dont know what to make of it. Same for my wife's letter.
Well...atleast we know it reached them :).
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STAmisha
06-29 03:42 PM
i hOPE IT IS JUST A RUMORR
more...
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drirshad
01-04 11:48 AM
Can we atleast run it by Attorney Khanna rskhanna@immigration.com or Mattew Of immigration-law.com get a feedback of the possibilities.
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zram1977
08-13 11:41 AM
Hello guys
Today I had an infopass appointment but it was not at all helpful (The chinese guy whom I talked had no idea at all).. could any body please tell me how to open SR (Any help is greatly appreciated guys)
thanks
The same thing happened to me... today morning...
Hi Techeforever...
qq
Is it in San jose,ca ?
Thx
Today I had an infopass appointment but it was not at all helpful (The chinese guy whom I talked had no idea at all).. could any body please tell me how to open SR (Any help is greatly appreciated guys)
thanks
The same thing happened to me... today morning...
Hi Techeforever...
Is it in San jose,ca ?
Thx
more...
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waitnwatch
08-21 12:11 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
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Alabaman
04-24 05:10 PM
"Provide safeguards for visa holders so they know their rights under the law. This would include wage rates and access to benefits."
What benefits are they talking about here?? As far as I am concerned, H1B visa holders have to no benefits... we pay SS taxes, federal taxes, Medicaid, state etc. As soon as we loose our jobs we are told we have a couple of days to leave the country - even when we have been here for years. What an inhumane way to treat a tax payer.
What benefits are they talking about here?? As far as I am concerned, H1B visa holders have to no benefits... we pay SS taxes, federal taxes, Medicaid, state etc. As soon as we loose our jobs we are told we have a couple of days to leave the country - even when we have been here for years. What an inhumane way to treat a tax payer.
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lazycis
10-22 12:13 PM
While FBI is the bottleneck because they are responsible for processing name checks, the USCIS shares full responsibility because
1) NC completion is not required by law to adjudicate AOS
2) NC requests from the USCIS do not have a processing timeframe, so why FBI should care if those requests are lingering forever?
3) the USCIS is aware of the problem, but did nothing to fix it, trying to hide it by creative reporting instead.
1) NC completion is not required by law to adjudicate AOS
2) NC requests from the USCIS do not have a processing timeframe, so why FBI should care if those requests are lingering forever?
3) the USCIS is aware of the problem, but did nothing to fix it, trying to hide it by creative reporting instead.
acecupid
08-21 12:51 PM
I just received my 2 year EAD. Priority date is Nov 2002 - EB3 -India. Well I guess that says it all. If USCIS thinks that Nov 2002 will take at least another 2 years then I dunno what about the rest. I didn't wanna think about EB2 porting being so close and spend another 10k, I guess just need to stop worrying about it now. :)
It will be 10K spent well if you decide to do that!
It will be 10K spent well if you decide to do that!
veeru123
02-21 05:35 PM
My H1-B was extended in October 2007 for three more years. My wife went to India and is going through this PIMS BS now. Chennai Consulte applied on Feb 6th. Some cases listed on this forum are scary as hell. Called the VFS office, all they say is they have not received the pp. After four days got the number for the consulate from VFS. Calling them daily. Same story, with each passing day, I could sense the increasing irritation in the voice of the consulate personnel to my questions. I wish I could talk to them in person and vent out my anger. This afternoon I called the DOS. The number is 202-663-1225 incase anyone needs it. I explained my case and asked her if they are missing any information. The reply: No your VISA looks fine. Then the robotic answer, PIMS verification is under process.
I think VFS should specify it on their website and warn people about these delays. Warn people about the PIMS BS and suggest that they should not make any travel plans till they are sure this PIMS BS is resolved.
I think VFS should specify it on their website and warn people about these delays. Warn people about the PIMS BS and suggest that they should not make any travel plans till they are sure this PIMS BS is resolved.
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