Thanks for all the inputs. I still have not received the letter ( probably because of winter strom - delay with traffic) .
Now if the Deniel is because of AC21 and 140 revoke , when we reply with MTR, should I sent copy of the AC21 letter we sent before or do we need to sent a fresh one ( employment verification letter ) ? The reason I ask this is when we originaly filed AC21 docs ( in Feb 2008) I was with Company2 . Now I am with company 3 ( just 2 months ). And good part of is company3 is well aware about the "same or similar " letter and is ready to issue the letter .
Thanks
-vinod
Its better to send as much documentation as possible in a systematic way. What I did with my friend's appeal was I created a document in a tabular format with each row referring to the points mentioned in the denial notice and providing a brief explanation and referring each point to an Appendix which contained detail explanation and corresponding evidence/documentation (W2, pay-stubs, exp letters etc) supporting the explanation. You can do the same. Infact, I encourage you to provide evidence of your AC21 filing with Company1 which affirms that you indeed followed the AC21 guidelines from your perspective. Do also provide evidence of continued employment in same or similar occupation till your most recent/current employment.
One more thing you should keep in mind is the deadline for filing the appeal. No matter when you receive the denial notice, usually, you only have 33 days from the denial date to file the appeal. So, I would encourage you to do whatever possible from your side to know the reason/s for denial so you can start working on collecting the appropriate paperwork for the appeal. Maybe taking an InfoPass appointment might help. I am not sure of any other options.
Now if the Deniel is because of AC21 and 140 revoke , when we reply with MTR, should I sent copy of the AC21 letter we sent before or do we need to sent a fresh one ( employment verification letter ) ? The reason I ask this is when we originaly filed AC21 docs ( in Feb 2008) I was with Company2 . Now I am with company 3 ( just 2 months ). And good part of is company3 is well aware about the "same or similar " letter and is ready to issue the letter .
Thanks
-vinod
Its better to send as much documentation as possible in a systematic way. What I did with my friend's appeal was I created a document in a tabular format with each row referring to the points mentioned in the denial notice and providing a brief explanation and referring each point to an Appendix which contained detail explanation and corresponding evidence/documentation (W2, pay-stubs, exp letters etc) supporting the explanation. You can do the same. Infact, I encourage you to provide evidence of your AC21 filing with Company1 which affirms that you indeed followed the AC21 guidelines from your perspective. Do also provide evidence of continued employment in same or similar occupation till your most recent/current employment.
One more thing you should keep in mind is the deadline for filing the appeal. No matter when you receive the denial notice, usually, you only have 33 days from the denial date to file the appeal. So, I would encourage you to do whatever possible from your side to know the reason/s for denial so you can start working on collecting the appropriate paperwork for the appeal. Maybe taking an InfoPass appointment might help. I am not sure of any other options.
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http://www.opencongress.org/articles/view/1023-New-in-the-1-Spot-The-Reuniting-Families-Act
How long USCIS tool to update the status online to show your RFE response has been received? I sent the response for RFE on June 7th and there is update about the case at all. No online status update either. God knows what they are doing with it. They are suppose to complete the case in 15 qorking days after they receive it.
Mine it took 2/3 days after sending response. I thought they got too busy sending notices to new I140 PPs after june 15th and not processing I140s. But i saw someone whoe did PP on june 21 and got approve in a few days.
Mine it took 2/3 days after sending response. I thought they got too busy sending notices to new I140 PPs after june 15th and not processing I140s. But i saw someone whoe did PP on june 21 and got approve in a few days.
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anyone else?
well i dont know if they actually said that or its your own conclusions
http://www.uscis.gov/files/nativedocuments/H-1B_BFCA_20sep08.pdf
It is important to note that for this particular sample size of 246 cases, the percentages listed above represent statistically valid figures based on generally accepted statistical reporting guidelines.
without the number of student intake doubling/trembling up to make it one
The number of foreign students has definitely increased since then. The quota is not that
big, so even a small increase like say 10% in the number of foreign students is enough to
swamp the quota.
http://www.usatoday.com/news/education/2008-11-16-foreign-students_N.htm
These numbers are truly historic," says Goli Ameri, assistant secretary of State for educational and cultural affairs. "We haven't just covered lost ground � we have now surpassed" previous records.
Plus more than enrollment, it is the economy that governs how soon the quota is reached. In my experience, the economy
showed good growth after 2005, which understandably led to increased hiring.
again i dont know if thats what the anti-immi's complain
http://www.cs.ucdavis.edu/~matloff/Archive/FraudNotTheIssue.txt
The employers will still be paying only the official prevailing wage, which is far
below the real market wage, and it will be business as usual. Again, this is the
loopholes at work, in this case in the legal definition of prevailing wage. Most
employers who are using H-1Bs as cheap labor are doing so FULLY LEGALLY.
The true rate of abuse of the H-1B program is near 100%.
THE FRAUD ISSUE IS IRRELEVANT
http://www.uscis.gov/files/nativedocuments/H-1B_BFCA_20sep08.pdf
It is important to note that for this particular sample size of 246 cases, the percentages listed above represent statistically valid figures based on generally accepted statistical reporting guidelines.
without the number of student intake doubling/trembling up to make it one
The number of foreign students has definitely increased since then. The quota is not that
big, so even a small increase like say 10% in the number of foreign students is enough to
swamp the quota.
http://www.usatoday.com/news/education/2008-11-16-foreign-students_N.htm
These numbers are truly historic," says Goli Ameri, assistant secretary of State for educational and cultural affairs. "We haven't just covered lost ground � we have now surpassed" previous records.
Plus more than enrollment, it is the economy that governs how soon the quota is reached. In my experience, the economy
showed good growth after 2005, which understandably led to increased hiring.
again i dont know if thats what the anti-immi's complain
http://www.cs.ucdavis.edu/~matloff/Archive/FraudNotTheIssue.txt
The employers will still be paying only the official prevailing wage, which is far
below the real market wage, and it will be business as usual. Again, this is the
loopholes at work, in this case in the legal definition of prevailing wage. Most
employers who are using H-1Bs as cheap labor are doing so FULLY LEGALLY.
The true rate of abuse of the H-1B program is near 100%.
THE FRAUD ISSUE IS IRRELEVANT
Eb2 have never moved beyond may 2004.. so until it goes past that.. these movements are not really worth anything.. it has to overcome that resistance.. then maybe 2005 will be a reality
..
EB2-I did move to August 2006 only a few months ago, clearing some people way down in PD, but people senior in PD keep waiting.
..
EB2-I did move to August 2006 only a few months ago, clearing some people way down in PD, but people senior in PD keep waiting.
I guess using our degrees to pass on a message is a fool-proof idea. That can immediately catch on with media like flowers did. If not stoppers, we can write our message in bold colors on the degrees.
Indeed thoughtful. I'm all in for it.
Great idea!
Indeed thoughtful. I'm all in for it.
Great idea!
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Mr Anai.
I am not asking you my questions..I am just asking IV if it is helping us in this regard..as this is imp problem for so many EB applicants....
It is better for you just not to quote some nonsense here...
thanks
I am not asking you my questions..I am just asking IV if it is helping us in this regard..as this is imp problem for so many EB applicants....
It is better for you just not to quote some nonsense here...
thanks
Yes, perhaps people don't post these type of investigations. If you have heard any N-400 issues (from your corporate position) about someone caused by leaving the petitioning employer soon after GC then let us know, otherwise it is one of the rarest of rare issues. My attorney clearly mentioned to me that he has seen no such issues in his long career when someone left the employer soon after.
Coming back to the AC21...if someone changes to a similar job after 180+ days after filing I-485 and informs USCIS of it and then gets a GC, there is no question of any wrongdoing. If USCIS wants to do their audit investigations I wouldn't care an iota about their investigations as long as I have the right paperwork with me.
Secondly in a non-AC21 case even if one leaves the job of the petitioning company immedaitely how does the intent become questionable when the person is working for the same company for several (5+) years. On the contrary it would be easy to prove the intent here.
I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...
People do not post these types of issues on immigration forums.
Coming back to the AC21...if someone changes to a similar job after 180+ days after filing I-485 and informs USCIS of it and then gets a GC, there is no question of any wrongdoing. If USCIS wants to do their audit investigations I wouldn't care an iota about their investigations as long as I have the right paperwork with me.
Secondly in a non-AC21 case even if one leaves the job of the petitioning company immedaitely how does the intent become questionable when the person is working for the same company for several (5+) years. On the contrary it would be easy to prove the intent here.
I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...
People do not post these types of issues on immigration forums.
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vishwak,
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
How long does the IO usually take to review 485 cases (assuming that the case has been pre-adjtd.) ? Gurus...pls post your thoughts
I just got off the call from uscis regarding my I-485. My PD is in the first week of Mar 2006.
Per the USCIS website, they are suppose to process even the first week of Mar 2006 although the Aug VB says it is 01MAR06. I spoke to the second level IO and he was confident that my case would have to wait for the next month. I insisted that the uscis website says otherways, he went and verified with the third level (or his peer) and came back and told me that I was correct.
Infact told me that my case was pre-adjd and being reviewed by IO currently.
I am sure the same applies to you with the Sep VB. Good luck !!!
Note: This is not a legal advice and don't quote me on it.
How long does the IO usually take to review 485 cases (assuming that the case has been pre-adjtd.) ? Gurus...pls post your thoughts
Guys MY PD is feb 2008. I am recently watching vias bulletins. I am in EB2.
Based on my watching previous visa bulletions ( after sep 2008) I dont see that it makes major difference if you file in EB3 or EB2.
Both are backloged very much and sincearly I dont hope inspite on being in EB2, I will get EAD or GC till 2015.
What are your thoughts, is it worth filing in EB2?
I think it's worth filing in EB2 if you can. The way spillover is working right now, EB2 India is greatly benefitted. Also whatever data someone got from USCIS (through senator inquiry), there are less EB2 India pending (~50,000) than EB3 (~70,000) until July 2007.
Last year India EB2 got ~15000 visa numbers. If the trend continues then within 3 years India EB2 cutoff will reach 2007. This is way better than EB3I, which I don't think will cross even 2003 within next 3 years.
Please contribute for FOIA cause, which will give us more data for predictions. Hopefully we can predict with 80% or better accuracy once FOIA data is with us..
Based on my watching previous visa bulletions ( after sep 2008) I dont see that it makes major difference if you file in EB3 or EB2.
Both are backloged very much and sincearly I dont hope inspite on being in EB2, I will get EAD or GC till 2015.
What are your thoughts, is it worth filing in EB2?
I think it's worth filing in EB2 if you can. The way spillover is working right now, EB2 India is greatly benefitted. Also whatever data someone got from USCIS (through senator inquiry), there are less EB2 India pending (~50,000) than EB3 (~70,000) until July 2007.
Last year India EB2 got ~15000 visa numbers. If the trend continues then within 3 years India EB2 cutoff will reach 2007. This is way better than EB3I, which I don't think will cross even 2003 within next 3 years.
Please contribute for FOIA cause, which will give us more data for predictions. Hopefully we can predict with 80% or better accuracy once FOIA data is with us..
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Sorry I did not read this thread before. Just a simple question: should we use nycgal's draft?
Yes, I used nycgal's and made little modification to the intro part. Picked up the IV intro from our home page. Also emphasized on the skilled-immigrants rather than just legal immigrants. Still need to send it to Mr.Sturgeon.
Yes, I used nycgal's and made little modification to the intro part. Picked up the IV intro from our home page. Also emphasized on the skilled-immigrants rather than just legal immigrants. Still need to send it to Mr.Sturgeon.
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Need Approval in Hand.. Receipt Notice Does not work in most of the states and new states are adding this as requirement every month...
I had similar issue for my spouse on H4. Was out of license for about a month... It would be a good issue to be brought up at Sep 18 Rally and added to core issues handled by IV in general. Lots of future immigrants are facing this.. But we need a collective voice as usual with any immigrant issue to get a resolution.. More and more states are joining to make Driver License as your "Immigration Status Document" causing "LEGAL to work but NOT LEGAL to drive" situation....
I had similar issue for my spouse on H4. Was out of license for about a month... It would be a good issue to be brought up at Sep 18 Rally and added to core issues handled by IV in general. Lots of future immigrants are facing this.. But we need a collective voice as usual with any immigrant issue to get a resolution.. More and more states are joining to make Driver License as your "Immigration Status Document" causing "LEGAL to work but NOT LEGAL to drive" situation....
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once again IV has proved that it is doing a marvellous job.
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Some paras from U-Va. Receives Largest Gift in School History (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/12/AR2007041202270.html), Friday, April 13, 2007
The University of Virginia announced its largest gift ever yesterday, a $100 million donation that will enable the state's flagship university to establish a school of leadership and public policy.
The gift is from Frank Batten Sr., a 1950 graduate and retired chairman and chief executive of the media company Landmark Communications Inc., who had already donated $60 million to the business school.
The University of Virginia announced its largest gift ever yesterday, a $100 million donation that will enable the state's flagship university to establish a school of leadership and public policy.
The gift is from Frank Batten Sr., a 1950 graduate and retired chairman and chief executive of the media company Landmark Communications Inc., who had already donated $60 million to the business school.
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Yes that is assuming they have not lived in this country for the past 10 years. My husband's employer has filed his GC the last day before the 5 year and every year his job changes to restrcture they keep filing his labor again and again and it is such a mess.
It won't be so terrible for those who filed in 2006/07 to wait another 2-3 years. Plus poeple like me (PD sep 2004) will file in the new Point system reducing backlog for others.
It won't be so terrible for those who filed in 2006/07 to wait another 2-3 years. Plus poeple like me (PD sep 2004) will file in the new Point system reducing backlog for others.
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I'm also going to do a FOIA request for my I-140 that got approved in Jan 08. Employer is saying its their petition and they wont share it. I'm not going into argument because they revoke it now - The Legal Immigration system is too weak and too much lopsided to a "employer" rather than on the "individual employee"
I know during a PD porting to another AC21 employer this approval notice is sufficient even if the I-140 is revoked but my doubt is if my I-140 gets revoked can i switch to another employer and extend my H1B by 3 more years ??
>> if my I-140 gets revoked can i switch to another employer and extend my H1B by 3 more years ??
No, I-140 must be active in order to extend H1-B beyond 6 years.
____________________
Not a legal advice.
US Citizen of Indian Origin
I know during a PD porting to another AC21 employer this approval notice is sufficient even if the I-140 is revoked but my doubt is if my I-140 gets revoked can i switch to another employer and extend my H1B by 3 more years ??
>> if my I-140 gets revoked can i switch to another employer and extend my H1B by 3 more years ??
No, I-140 must be active in order to extend H1-B beyond 6 years.
____________________
Not a legal advice.
US Citizen of Indian Origin
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What is your EB category?
When i checked my status online, i saw that there was a LUD on my pending case on 10/7 and 10/8. Wondering there is a LUD, I called the NSC and the person on the phone told me that the case is being reviewed by an officer.
My question is that if there are no numbers available, then why would there be a LUD on the case status. So has anyone else seen a LUD on their cases as recently as after Oct 1, 2008????
MY PD is March 2006
Filed 485 in July 2007.
RD is Aug 2007.
cheers
When i checked my status online, i saw that there was a LUD on my pending case on 10/7 and 10/8. Wondering there is a LUD, I called the NSC and the person on the phone told me that the case is being reviewed by an officer.
My question is that if there are no numbers available, then why would there be a LUD on the case status. So has anyone else seen a LUD on their cases as recently as after Oct 1, 2008????
MY PD is March 2006
Filed 485 in July 2007.
RD is Aug 2007.
cheers
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Read this article : http://www.law.com/jsp/article.jsp?id=1075219844830
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
If you want to own a gun, own a gun and follow proper procedures and laws related to gun ownership. You can be afraid of every little thing before you get your green card.
If you are going to immigrate, then immigrate and assimilate with pride and dignity and stop being afraid of every little thing that might eventually lead of revocation of any of your immigration statuses.
I couldn't agree more.
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
If you want to own a gun, own a gun and follow proper procedures and laws related to gun ownership. You can be afraid of every little thing before you get your green card.
If you are going to immigrate, then immigrate and assimilate with pride and dignity and stop being afraid of every little thing that might eventually lead of revocation of any of your immigration statuses.
I couldn't agree more.
LazyCIS,
The case is not in his wife's hand anymore. As soon as the police came on site the case is People Vs Terriblething. Only thing is that the DA may be a little weary of pushing too much if his only eye witness (the Wife) does not want to push the matter.
TerribleThing,
You really really need to consult another lawyer who has better relationship with the DA.
It cannot be people vs terriblething. It could be state/federal agency v. terriblething. I agree that credibility of the complaint can be easily attacked if wife gives contradicting statement.
terriblething, you may want to read this
http://www.divorcenet.com/states/new_jersey/domestic_violence_defense
The case is not in his wife's hand anymore. As soon as the police came on site the case is People Vs Terriblething. Only thing is that the DA may be a little weary of pushing too much if his only eye witness (the Wife) does not want to push the matter.
TerribleThing,
You really really need to consult another lawyer who has better relationship with the DA.
It cannot be people vs terriblething. It could be state/federal agency v. terriblething. I agree that credibility of the complaint can be easily attacked if wife gives contradicting statement.
terriblething, you may want to read this
http://www.divorcenet.com/states/new_jersey/domestic_violence_defense
Try to respect others and feel sorry about their situation.
I feel sorry for the people who live in slums of dharavi but not for people who should not have been in the US in the first place (based on their education) and are now finding ways to get ahead of the legit EB2 candidates by buying masters degrees.
I feel sorry for the people who live in slums of dharavi but not for people who should not have been in the US in the first place (based on their education) and are now finding ways to get ahead of the legit EB2 candidates by buying masters degrees.
