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  • optimystic
    10-29 09:08 PM
    Thanks for the good luck . I really need it !

    I am hoping that it would be something simple as well.

    - I am guessing it might be about employment verification (since its been a long time),

    OR

    - Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?

    OR

    - some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)

    OR

    - Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)

    OR

    - Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !

    OR

    - Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.


    What could be other reasons that you guys can think off?

    Update:

    It turned out to be request for latest employment verification letter.

    Here are the words quoted from the RFE letter

    You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    So, couple of questions to the gurus.

    a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?

    b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?





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  • 140jibjab
    05-13 02:59 PM
    I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

    My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

    My wife has her own H1b valid till Dec 2008.

    We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

    Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

    My wife has mentioned that she will be applying for Divorce in USA.

    Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.





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  • jskumar
    01-05 02:05 PM
    Techies also need some PM sort of training to deal with Managerial BS that keeps coming by.





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  • pady
    08-21 10:13 AM
    Office of Inspector General, they investigate all Labor Frauds



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  • vdlrao
    06-04 06:09 PM
    For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead





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  • srsga
    08-05 10:42 PM
    Count me in...

    My PD is June 2004

    I140 : Approved, Nov 2007



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  • nozerd
    01-17 06:03 PM
    techysingh,
    This is what I wrote. I just faxed last Tuesday and havent heard from either Congressman or Senator. To this letter I also attached a copy of my I 140 approval (shows PD), a copy of I 485 receipt notice and 2 service requests that were started for me.

    Congressman XYZ,

    Subject: Request for assistance with delayed Immigration Petition


    Dear Sir,

    I would like to request your assistance with a pending petition with USCIS that has seen an undue delay in processing. This I 485 petition (Application to Adjust to Permanent Resident Status) and has been pending at the Texas Service Center since it was received. The receipt date is June 15, 2007 which is prior to what is currently listed as the processing date on the USCIS website (current processing date listed as of September 30, 2008 is June 27, 2007. USCIS has not updated the processing dates after September 30, 2008 on their website).

    My Priority date of August 9th, 2001 is current for my case category EB3 India. I have requested a status update from the USCIS service center and 2 service requests were started on my behalf but I have not heard anything or seen any progress on my case.
    I would appreciate any assistance in speeding the processing of this petition. I am enclosing relevant receipts and letters. Please let me know if you need any further information.


    Sincerely,

    nozerd





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  • rsdang1
    06-01 12:10 PM
    Wonder how voting here helps - is this a site used by senate?



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  • bobzibub
    02-01 02:25 PM
    OK, they'll raise the fees (I can live with that). But how do we improve the chances of better services?
    USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:

    Accept the fee increases providing:
    1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
    2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
    3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
    4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
    5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.

    If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)





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  • hope_4_best
    04-02 11:45 AM
    sent both faxes



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  • 485Mbe4001
    12-12 02:49 PM
    groan....moan... are you happy now:D


    im waiting for the groans and moans





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  • greenguru
    06-10 02:04 AM
    Good story... let's see what happens..

    what does NOT surprises me is EB3 will still be in Nov 2001..



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  • harsh
    12-12 04:41 PM
    EB-3 india is not yet completely out of 245(i) mess. If you remember the last month's priority date was 22Apr 2001. Now in Jan priority date is 08May2001. 245(i) ended on Apr30th 2001. So this month's progress still includes 8 days of 245(i). I would imagine that more cases were filed from Apr 22 - Apr 30 as this was the last week. So its still a long way to go before EB3 is completely out of 245(i).





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  • HOPE_GC_SOON
    06-27 08:35 AM
    Hi Rajakannan:

    You fall under either of the following two.

    Positive thinking: You are a Gandhi

    Realistic Thinking: You are smart .

    Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.

    Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..

    I donot even understand, how you can think like this...

    Please donot open thiskind of discussion, people have better things to do in life than reading this..

    Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...

    BTW: can you post your PD details...

    best wishes.



    Most of us are concerned about short term goal of getting the application to uscis as quickly as possible , but think of the end result of whether your application be accepted if we rush, the uscis can come back and reject at any time from any date as it happened to Eb3-other workers. In any case there is a very good chance that your wife will kill u ;)



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  • JA1HIND
    01-27 03:50 PM
    You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)

    p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)

    Thank you once again for your recommendation and trust me I am cloud 9 while reading suggestion by you & "mbartosik"....I just took a close look at my previous documents including pay stubs, signed contracts and my last detail email explaining how much I paid for GC (pay stubs clearly explains) and how much I paid & how I paid for the balance amount...which I sent to HR Manager & cc to CEO ..

    Shame on me I couldn't even remember how much I paid until I saw my last email it was not 7K, the total amount I paid was $7.5K..

    I checked with my current employer(since he is my friend too) & see if there will be any side effects by doing this..& he pretty much said I am at benefit side to for sure win the case since its clearly mentioned in pay stubs, your contract, & your last email which can be add on as supporting documents to help your case winning but I may have to also prepare myself if I had clean record since day one (year 2001) have pay stubs etc., in some cases DOL would be interested to know details from scratch and see if my records are straight even before knocking employer 2 door..

    I know for the fact that I was out of my project when I came to US back in 2001 for 5 months and during that time I was not given pay stubs (it was pretty bad IT market at that time...)and later got into another project & if questioned by DOL for missing pay stubs then I may have to be prepared to answer any such questions.....and it might put me in trouble and

    (2) second item I may have to think about it, after giving my resignation to this 2nd employer I continued to work at the same client on behalf of new employer and that it self is against the contract that I signed which my current employer reminded to me at that time and even now...& and based on that it might back fire on me from 2nd employer and asked me to decide if its worth of fighting or let it go........

    any comments or suggestions please!!





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  • kghoshal
    11-16 11:17 PM
    In fact, I got laid off recently, my LC gone, which was filed on Sep,2004. I am looking for job again on my 8th year H1B extension. In this uncertain future it is better to return home for me.



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  • pappu
    11-25 03:46 PM
    Immigration Voice is releasing the analysis of the information for the community. You can view the report at

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36


    We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudication/field office data/ CP and spillovers. The visa bulletin movements will also be compared against the report and checked with USCIS and DOS.

    Team IV





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  • mmj
    04-22 10:35 PM
    Amen!!!


    definitely ..and i am sure lot of people agree ..flowers, marching etc is much better ..but till we get to that point ..let us send emails / letters atleast ...something better than nothing !!





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  • plassey
    08-23 03:17 PM
    My apologies to all, I guess I am just having a bad day!:(





    mammoy2k
    09-10 12:49 PM
    When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:

    If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.

    In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.

    Kindly see the context of the post and please read the post completely before going ballistic �

    I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.

    However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.

    If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.





    gc_on_demand
    07-08 09:13 AM
    ^^^^^^^^^^^^^^^^

    How long we are planing to wait to get stories ? What if we dont get enough numbers to come upfront and be vocal in media ?

    I think still problem is there and people who were stuck abroad now have decided not to travel untill they get GC but they are not standing up and joining hands to stop this process.



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