Legal_In_A_Limbo
03-20 09:13 AM
Can any one share with me the AC-21 offer letter + Employer verification format?
I am planning to send in my paper work for AC-21 and is doing by myself. I will really appreciate oif some one can guide me with that.
I am planning to send in my paper work for AC-21 and is doing by myself. I will really appreciate oif some one can guide me with that.
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alterego
07-14 09:37 PM
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
eastindia
09-09 01:03 PM
American lawmakers have created a law that needs only top talent. By law it go from top to bottom. So they go from EB1, EB2, EB3 and so on. If we disagree, then get the law changed.
EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.
They should be doing hunger strikes and do a rally in DC every month.
Else they can forget Green card coming any time soon.
EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.
They should be doing hunger strikes and do a rally in DC every month.
Else they can forget Green card coming any time soon.
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crazyghoda
01-30 01:40 PM
Not sure yet...... its not something I expected to happen given the retrogression.
Would the USCIS accept a future dated offer letter? Say a couple of weeks or months from now? Or do I need to have a current job? What about paystubs? If I manage to start somewhere but dont manage to get a paystub by the RFE response date, is that ok?
Would the USCIS accept a future dated offer letter? Say a couple of weeks or months from now? Or do I need to have a current job? What about paystubs? If I manage to start somewhere but dont manage to get a paystub by the RFE response date, is that ok?
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inskrish
04-10 09:36 AM
Buying a hose is not substantial investment. It may cost $20 to $50 based on the length you need
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arsh007
01-30 03:49 PM
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
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imneedy
10-15 07:53 PM
printed mine .. will post tomorrow!
10/16 - Posted
10/16 - Posted
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varshadas
02-02 03:01 PM
We will all meet at the Bridgewater temple Cafeteria tomorrow, that is, 02/03/2007 at 11.00 PM. I will get the flyers with me. We will be doing a black and white text on colored paper as that costs 9 cents/page compared to colored text on colored paper that costs 89 cents/page. Please be there on time.
Address for the temple is:
780 old Farm Road,
Bridgewater,
NJ 08807
Thanks,
Varsha
Address for the temple is:
780 old Farm Road,
Bridgewater,
NJ 08807
Thanks,
Varsha
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Znan
07-12 11:51 AM
Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.
http://www.immigration-law.com/
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month: .
http://www.immigration-law.com/
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month: .
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reddymjm
09-10 01:38 PM
Here is a brief calculation of EB2 Demand till date (Today's Date)
The total demand till date is ~ 120K which is
Demand up to Aug 2007 = 45K
Sep 2007 to Dec 2008 = 16 * 2.5K Perm Month = 40K
Jan 2009 to Oct 2010 = 22 * 1.5K per month = 33K
New PD porting after Aug 2007 (Current Eb3 Inventory is 60K till Aug 2007) = 10K
Total 45 + 40 + 33 + 10 = 128K. This may be inflated but it is atleast 120K.
By giving these numbers I don�t mean to scare anybody but it�s better to have a tryst with true reality rather than be ignorant. It is better to have an understanding of the backlog rather than feeling bad VB after VB, nothing will change soon because the backlog is so huge.
If you look at the numbers it is very unlikely that EB2 will literally become current any time soon, the end of the pre-adjudicated numbers is just a tipping point and when this happens anything could happen 1) Make dates current (I personally welcome that atleast everybody gets a chance to file for I485) 2) Keep accepting applications in a controlled manner so as to approve in quarter or year. 3) Grant spillover to EB3 ROW (EB3 ROW backlog is so huge like EB2 - I in the same range 100-120K that the spillover will disappear in no time, also note that EB3 ROW incremental demand is much higher than EB2 ROW).
The spillover is a happening of the present time when the economy is bad, the moment this changes everything will disappear and there will be no difference between EB2 and EB3 if you belong to a retrogressed country we will all be at 3K Per annum and EB5 contribution if any will be consumed by PD porting which will increase manifold as EB3-I folks waiting for 10 years is simply unacceptable, currently there a 60K folks here just till 2007. I strongly favor porting waiting for 10 years is unacceptable. Also being without EAD / AP is very hard, great that we have a IV campaign initiated for this the efforts in this direction are laudable. Actually as Pappu, Admin2 and others have been saying EB3-EB2 even though may be relevant now is actually meaningless this is relevant only in this temporary phase of time fighting on these lines will not help to attain any objective rather it will kill chances of EB3 friends with later PD to port. The biggest issue is the per country limits which equate talent pools like India and China and give them the same cap as countries which have 1/1000th population, if they cannot be eliminated atleast should be proportionate to population for larger countries and be at 7% for the smaller ones. PS - I have nothing personal against ROW friends.
If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.
The total demand till date is ~ 120K which is
Demand up to Aug 2007 = 45K
Sep 2007 to Dec 2008 = 16 * 2.5K Perm Month = 40K
Jan 2009 to Oct 2010 = 22 * 1.5K per month = 33K
New PD porting after Aug 2007 (Current Eb3 Inventory is 60K till Aug 2007) = 10K
Total 45 + 40 + 33 + 10 = 128K. This may be inflated but it is atleast 120K.
By giving these numbers I don�t mean to scare anybody but it�s better to have a tryst with true reality rather than be ignorant. It is better to have an understanding of the backlog rather than feeling bad VB after VB, nothing will change soon because the backlog is so huge.
If you look at the numbers it is very unlikely that EB2 will literally become current any time soon, the end of the pre-adjudicated numbers is just a tipping point and when this happens anything could happen 1) Make dates current (I personally welcome that atleast everybody gets a chance to file for I485) 2) Keep accepting applications in a controlled manner so as to approve in quarter or year. 3) Grant spillover to EB3 ROW (EB3 ROW backlog is so huge like EB2 - I in the same range 100-120K that the spillover will disappear in no time, also note that EB3 ROW incremental demand is much higher than EB2 ROW).
The spillover is a happening of the present time when the economy is bad, the moment this changes everything will disappear and there will be no difference between EB2 and EB3 if you belong to a retrogressed country we will all be at 3K Per annum and EB5 contribution if any will be consumed by PD porting which will increase manifold as EB3-I folks waiting for 10 years is simply unacceptable, currently there a 60K folks here just till 2007. I strongly favor porting waiting for 10 years is unacceptable. Also being without EAD / AP is very hard, great that we have a IV campaign initiated for this the efforts in this direction are laudable. Actually as Pappu, Admin2 and others have been saying EB3-EB2 even though may be relevant now is actually meaningless this is relevant only in this temporary phase of time fighting on these lines will not help to attain any objective rather it will kill chances of EB3 friends with later PD to port. The biggest issue is the per country limits which equate talent pools like India and China and give them the same cap as countries which have 1/1000th population, if they cannot be eliminated atleast should be proportionate to population for larger countries and be at 7% for the smaller ones. PS - I have nothing personal against ROW friends.
If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.
more...
GreenSeaTurtle
09-19 12:05 PM
I have to thank the organizers for making this happen it takes a lot of work. I joined late but felt very happy to be a part of it. This is just the beginning.
Some observations
-------------------
Our numbers should have be in 100 thousands not 1000s. I felt bad that more people did not show up. Everytime we all met each other we never fail to talk about the GC process and where we are and how frustrating the whole process is? If this affects us so much why not do something about it when you have an opportunity...Do you want to suffer in silence or break free?
Immigration voice should be popularized more. People know of Murthy.com etc. but I think not many people are aware of this site so we have to popularize it more by telling friends, family etc.
The rally could have done with more publicity to attract people especially i don't see why people in the Tri-State area who are so close did not show up in large numbers. Hats off to folks from California, NY and orther places who travelled especially for this event.
The next time there is any rally I will personally motivate and bring people this is the least I can do.
Some observations
-------------------
Our numbers should have be in 100 thousands not 1000s. I felt bad that more people did not show up. Everytime we all met each other we never fail to talk about the GC process and where we are and how frustrating the whole process is? If this affects us so much why not do something about it when you have an opportunity...Do you want to suffer in silence or break free?
Immigration voice should be popularized more. People know of Murthy.com etc. but I think not many people are aware of this site so we have to popularize it more by telling friends, family etc.
The rally could have done with more publicity to attract people especially i don't see why people in the Tri-State area who are so close did not show up in large numbers. Hats off to folks from California, NY and orther places who travelled especially for this event.
The next time there is any rally I will personally motivate and bring people this is the least I can do.
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lost
02-24 09:09 AM
Anyone from KY attending the event?
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tampacoolie
07-13 10:51 PM
I have a gut feeling that he does not have right to revise visa bulletin.
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grinch
03-11 10:33 PM
Yes we are soulty!!
Thanks bluesun, I'll try it out
Thanks bluesun, I'll try it out
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perm2gc
01-10 06:04 PM
http://www.immigrationboards.com/viewtopic.php?p=70468#70468
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mhathi
06-11 11:52 AM
Sent early this morning, then resent after Pappu's message.
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dilber
06-26 05:28 PM
May be you scared the USCIS with your phone calls and they just wanted you out of their systems. So that you don't rally other people and then they might have to really become efficient.:cool:
BTW really happy for you... enjoy:o
I got a red for this with comment "bhaag saale, really happy for you? kaam c=dhanda nahi hai kya?"
Translation: Get lost you idiot, happy for you? don't you have any other work?
Not that I care about it too much but shouldn't highly skilled people be more responsible, and courteous. :cool:
BTW really happy for you... enjoy:o
I got a red for this with comment "bhaag saale, really happy for you? kaam c=dhanda nahi hai kya?"
Translation: Get lost you idiot, happy for you? don't you have any other work?
Not that I care about it too much but shouldn't highly skilled people be more responsible, and courteous. :cool:
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fcres
07-23 03:52 PM
This is the press release in April that became effective Jun 18th http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
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SunnySurya
07-28 11:55 AM
This is going to be my last post because I think you are just trying to incite anger. You don't even know what you are talking about. I will recommend admins to note the IP address as they may need to give it to the authorities.
Can you state your source "It is second highest next to Iraq"
Your are forgetting the places like Dafur, Somalia etc..
Have you read that casualties in India is next to Iraq? more than 3000 people died in India due to this. It is second highest next to Iraq.
Can you state your source "It is second highest next to Iraq"
Your are forgetting the places like Dafur, Somalia etc..
Have you read that casualties in India is next to Iraq? more than 3000 people died in India due to this. It is second highest next to Iraq.
cygent
03-17 04:32 PM
Hello all,
How do you determine if the category is EB2 or EB3? How can you find that out from which document?
Thanks!
How do you determine if the category is EB2 or EB3? How can you find that out from which document?
Thanks!
h1techSlave
07-28 03:04 PM
Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?
I always thought in the same angle. Why people are so jittery about alcohol? Alcohol is harmless in reasonable quantities. It is bad when consumed excessively; so are oil, rice etc. What's the big deal about alcohol alone?
I always thought in the same angle. Why people are so jittery about alcohol? Alcohol is harmless in reasonable quantities. It is bad when consumed excessively; so are oil, rice etc. What's the big deal about alcohol alone?