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  • wandmaker
    03-20 07:47 PM
    I have got an RFE for 485 application. USCIS is asking me for Employment Letter, Paystubs and W2 for the employer I NEVER worked. (I have typed exact message below)
    *
    This is my situation-
    I worked for 'Employer #1' from Jan-2000 to Jan-2005
    Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
    *
    However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
    *
    Please advice-
    1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
    2) Would you consider this as simple case or complicated?
    3) Should I hire attorney? (I self filed my 485 in July-2007)
    *
    *
    This is the exact text - (changed Employer names)
    Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s

    Thank you for your time and help.

    Ask your attorney to write a letter in response to RFE and explaining the situation you never took the job with employer X though the H1B transfer or new is approved, this will clear the query of USCIS. One catch, you should have maintained a continuous employment with #2 and demonstrate the same to USCIS. Good luck!

    Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, so there is no question that you recent h1 is valid and past is invalid. Get an attorney, Good weekend




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  • Totoro
    05-20 07:01 PM
    Indeed it makes no sense that people who have families to support get nothing, while those who do not have families get it.

    Anyway, it is not over yet. I have been able to get congress to approve checks for military families, so anything is possible.




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  • CCC2006
    06-14 04:27 PM
    Hi All,

    Any website for checking on I140 appeals just like www.immigrationwatch.com.

    I have been waiting for my I140 appeal to come through for the last 6 months now. Getting impatient.

    Thank u

    This seems to be a very good site with stats on approvals.

    http://www.immigrationwatch.com/




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  • immique
    07-17 11:02 PM
    Excellent response. I have been a silent admirer of IV for some time. IV has represented the aspirations of all the EB applicants. people should understand that the US allotment of visas to foreign Nationals is only based on what is fair for the country (US). It does not matter to them to what country the applicant belongs but what matters is the qualifications and their benefit to the advancement of the US. I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover. we have to concentrate our efforts on how we can improve conditions for every body affected by this retroression. efforts aimed at one category and that too one country will almost certainy fail. I am also shocked to see a few EB3 I expressing anger over dates moving for EB2. personally if I see a person from my country getting his visa approved, then I would feel very happy for him even if I am waiting for some time. I know it will be difficult, but atleast spare some joy for your country men and women who are getting some well deserved relief after such a long wait. one of my old friends told me once "if you have a friend from India, don't rely on him to help you, because you will not get much help moreover some people will only try to pull you down, but if you take people from other countries, it is exactly the opposite as they try to help each other in every possible way". I agree that it is very distressing for every one that the dates are retrogressed, but now that EB2 has moved, all of a sudden some people woke up from a deep sleep and started making these arguments that have no legal basis. None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable. I know a lot of people from EB2 protested at this wrong interpretation of the law, but I don't remember anyone ever criticizing IV for not taking up their cause even though we knew all along that spillover from EB1 to EB2 retrogressed countries was the right interpretation of the law. now some people are asking IV to take up an issue that is straight forward illegal as was clearly explained by DOS in a recent bulletin. instead of wasting time and efforts on such futile suggestions, people should concentrate on making some constructive effort along with IV helping every one involved in retrogression.


    you must know something i don't.
    aman kapoor is the president and founder of iv- of course you can argue he now has his GC but that fact is he is still the heart and soul of iv and runs the organization on a day to day basis. he is EB3.

    the "core group" does not much exist in practical terms right now. there is instead a large "leaders group" that helps coordinate actions and strategy.
    this group has a lot of active members- and i find it "comfortable" to say that the majority are EB3. which may actually count for something- since i actually do know somethings you don't :-)

    no one stops anyone from doing anything. but whatever you do (and yes you actually have to DO, not just keep talking), has to have a sound basis. Many of the suggestions put forward have flaws, and actually papu and others have been pretty helpful in politely helping to point those out and suggesting changes. of course reddog took objection even to that! incidentally, just for the record, you may want to look at pappu's profile . HE IS EB3!

    so what do you want anyway? should we go tell USCIS that leftover Gc from EB2 ROW should go to EB3 ROW instead of EB2 I/C? what about the 28.6% that should belong to EB2? and since you are EB3 I- how does this help you in any way? or should we tell them to stop the preference catogories in INA and make EB1=EB2=Eb3? somehow i do not think that is going to fly.

    where were you when USCIS implemented vertical spillover in 2006 and left EB2 I in a U state while giving EB2 Gc numbers to EB3 ROW?
    did you object then? did you start a campaign? did EB2 I folks here start saying that iv did not care about them?

    in 2007 ordinarily, (like 06) EB2 I and EB3 I would have got only 2,800 GC each. because of iv's efforts in reversing the july bulletin, EB3 I got a huge number of Gc instead. many more than any other category. i don't remember anyone else standing up and saying that this was unfair and that iv is all about EB3I. and that's what a lot of anti iv folks say. that iv is all about EB3 India. so this is very ironical.

    and i see here a comment that every campaign has been bad for EB3 india.
    i guess july reversal was bad. i guess the campaign for recapture is bad. and the 2 year EAD is bad too. not to mention the gathering support to end country quotas.

    you opened my eyes :-)



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  • LostInGCProcess
    08-21 09:11 PM
    When did you send your application.

    I am in the same boat waiting for their call. :D

    I sent in the middle of July.




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  • ssa
    06-23 06:18 PM
    done.



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  • webm
    03-14 05:36 PM
    Yes 27 EB-I approvals seems pretty low. Hopefully DOS would move EB3-I cut off date in May.

    Yeh let's hope for next May VB cheerup and so on....:(:)




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  • chanduv23
    02-29 10:32 PM
    March 10'th - That's the latest update from the So.Cal chapter lead

    That is right - deadline extended by 10 more days.



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  • Green.Tech
    05-26 09:40 AM
    Bump




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  • hebbar77
    08-20 08:28 PM
    When u already tolerate so much with US visa system , cant you take some more rudeness from our fellow contrymen?! Kidding.

    I had similar experience at indian consulate!!

    In fact a fellow indian wearing a turban tried to get into the consulate just before the consulate officially opens. The person inside (not the security) threatened him that he/she will call security and through him out!. Thats their attitude... They (at least think) belong to ruling class of india, so they behave like that?!



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  • sriteam
    05-20 12:53 PM
    Done. Good job Guys

    $100.00 USD - Unique Transaction ID #9KK0369153797784B




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  • akhilmahajan
    10-04 11:21 AM
    To get more visibility change the title to JOIN MI STATE CHAPTER.

    Administrators please change the thread title, otherwise it wont the targetted purpose.



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  • netnerd
    07-17 06:07 AM
    Hi All,

    Andrew Dutton - 917-536-5940, immigration_counselor@yahoo.com is my attorney for green card. I had also used him before for H1B renewal, PERM & I-140 substitution with DOL (while case was pending with Backlog Center). He is very professional, humble, and always answers phone calls & email messages immediately. He is also very very affordable (shall I say inexpensive - see the amounts he charged me for H1B, green card processing etc below).

    I was one of the unfortunate ones who got scammed my Earl David Associates (New York Law Firm) - now renamed to Jed David Philwin Associates. I know how bad law firms can be - they did not file my LC in 2003 but kept on telling me that they did - ONLY a year after in 2004 they promised me they had already done so. Needless to say how much pain suffering this caused me.

    I used Andrew for my H1B + wife's H4 renewal - total attorney fees - $550. No extra fees for filing documents for family members.
    Then, I used him for EB2 PERM, I-140, I-485/EAD/AP (for myself & my wife) - total attorney fees - $1600. No extra fees for filing documents for family members.

    I had an existing LC approved from Backlog Center - he filed I-140 for just $100-$150 attorney fees - stating that since he had already filed a previous I-140 for me - he just needs to modify some minor details on the I-140 & file it.

    He filed my I-485 over the weekend so it reached USCIS on Monday July 2 - who knows I may be one of the lucky ones when July visa bulletin fiasco is resolved.




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  • bikram_das_in
    05-18 10:38 AM
    Done.



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  • sanprabhu
    06-25 05:59 PM
    Wow, this is crazy.




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  • gsmishra
    07-27 10:23 AM
    I thought A# is in I-140 approval notice.
    It will still take many months for uscis to process our I-140 application.

    I got the LIN number by calling USCIS...but have not got the receipt notice till now...

    As there is an A# on I-140 form which needs to be written on all 485, 765 and 131 forms....i hope i get it in a day or two....

    I-140 filed : July 12th
    Reached NSC : July 16th
    Receipt generated : July 16th

    Still waiting for receipt Notice. :(



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  • camarasa
    07-05 11:53 PM
    Well I filed under Rest of World" and EB2 back in August of 2006 when it was current for me (it’s always been current for me since then). I filed both my I-140 and I-485 together. I have done the fingerprinting etc and even replied to a RFE for my I-140 (well my company did). On June 1st I got my company to submit an "out of processing time" request which gives USCIS 45 days to come back with a decision or reason for not approving it. Now after all this fiasco my lawyer is telling me that my I-140 will continue as per usual (since it's not affected by all this) but my I-485 will not be approved until after October 1st. I don't agree with him, I believe part of the 60,000 visa numbers have been allocated to those that are pending and current (so they haven't been approved but have already been allocated). Does anyone agree or disagree?




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  • kshitijnt
    06-11 05:23 PM
    The frustration of EB3 folks is very visible and I might get a bad rap for my post. But I wanted to share a few thoughts , if you will:

    I fully sympathize with EB3I folks. Of all, you have been waiting longest. But were you really expecting a miracle in this Visa bulletin? Or are you more upset now that EB2 has moved forward significantly and EB3 has not? This is not a criticism , just a question.

    Secondly, given the reality, I would say with lobbying etc, let me advise you that you ask your employer to start processing EB2 application for you and then use PD porting. With number of years you have spent in current job, I would advise you try and impress on your employer to do this urgently. If this does not work out, I would say you can look for another job. (This would apply to those who are in permanent job and not paying out of their pocket for GC). I mean with so many years in the same job, you definitely qualify for promotion. If I were you, I would not take the corporate BS.

    It is also a matter of numbers. If you are the only EB3 person from your company then you are probably screwed, but if you have a few employees, then you network with them informally and then press as a "group" on your employer.

    I have always been a supporter of EB3 to EB2 porting and even when I was not current, I did not oppose it. While there are other avenues such as lobbying, lawsuits etc, it takes a lot of work and at the end of the day benefits are not really tangible. I would suggest you guys make full use of the door that is open, EB3-> Eb2 porting. It is in your hands to get this done.




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  • Humhongekamyab
    06-10 02:25 PM
    Yaayyyyyyyyy love the message at the bottom....hopefully next month I'll be current and will complete my GC journey.




    akred
    03-14 11:42 AM
    A ton of EB3 cases with early priority dates came out of the BECs in 2006. Plus the end of labor substitution acted as a trigger for people to use these priority dates. I know my company systematically went through and substituted newer filers so they could get these older priority dates.

    Also, although a lot of people are moving from EB3->EB2, USCIS needs to process the new I-140 and recapture the priority date for them to get an accurate picture of the EB3/EB2 queue. There is a largish I140 backlog today.




    gcdeal
    06-23 10:55 PM
    I have been working with this employer for the past 3 years, but i have put in a transfer and got the H1 approved. It is ok to go for H1 stamping without paystubs from the new employer. I have paystubs of previous employer.



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