coolstonesa
06-22 04:29 PM
Here is the response from lawyer when I pointed him to the filing instructions on I-485 form:
"The statutory requirement for employment-based immigration is that an ongoing employer-employee relationship exist at the time the I-485 is filed,
and for a minimum 6 months thereafter. Any particular document used to verify this relationship is only valid for a relatively short period of time, before it becomes stale (i.e. 3-6 months).
At the time of filing your I-485 adjustment of status petition, we included pay stubs to verify the current employer-employee relationship.
If the I-485 is still in process greater than 8 or 9 months from today, Immigration Services is likely to request additional evidence of the employer-employee relationship, in the form of (1) the 2007 W-2 form,
(2) most recent six months of pay stubs, and also (3) a current job offer
letter.
I proceed with the understanding that it is likely that the I-485 petitions will still be pending 8 months from now, and that therefore it is also likely that USCIS will require additional pay stubs, etc. verifying the employer-employee relationship."
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
"The statutory requirement for employment-based immigration is that an ongoing employer-employee relationship exist at the time the I-485 is filed,
and for a minimum 6 months thereafter. Any particular document used to verify this relationship is only valid for a relatively short period of time, before it becomes stale (i.e. 3-6 months).
At the time of filing your I-485 adjustment of status petition, we included pay stubs to verify the current employer-employee relationship.
If the I-485 is still in process greater than 8 or 9 months from today, Immigration Services is likely to request additional evidence of the employer-employee relationship, in the form of (1) the 2007 W-2 form,
(2) most recent six months of pay stubs, and also (3) a current job offer
letter.
I proceed with the understanding that it is likely that the I-485 petitions will still be pending 8 months from now, and that therefore it is also likely that USCIS will require additional pay stubs, etc. verifying the employer-employee relationship."
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
wallpaper Teachers motivate, inspire
solaris27
08-13 08:24 AM
1) Contacted Senator/Congressman/Governor - No reply or progress
2) Filled 7001 form for Ombudsman - waiting for reply
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications. - everytime they tell someting diffrenet .
its shows how USCIS work ... as if everything is cleared our 485 should be cleared .
can't take infopass ( no option to check case status) or open SR ( as its not beyond 30 days) .
B
2) Filled 7001 form for Ombudsman - waiting for reply
3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications. - everytime they tell someting diffrenet .
its shows how USCIS work ... as if everything is cleared our 485 should be cleared .
can't take infopass ( no option to check case status) or open SR ( as its not beyond 30 days) .
B
ski_dude12
08-25 05:00 PM
Any idea how long it takes for a decision once it has been assigned to an officer?
My wife's case was assigned to an officer on Aug 11th.
My wife's case was assigned to an officer on Aug 11th.
2011 Glen Helen Association Members
tnite
11-21 09:20 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I wish you and your family the best . As someone already mentioned miracles have happened and hope that it will be the case in your situation.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I wish you and your family the best . As someone already mentioned miracles have happened and hope that it will be the case in your situation.
more...
rustum
09-24 08:31 PM
HI,
Lawyer sent to NSC on 27th July. Today called to USCIS support. There are no receipts numbers in the system. What could be the reason.
Lawyer sent to NSC on 27th July. Today called to USCIS support. There are no receipts numbers in the system. What could be the reason.
stemcell
02-01 10:25 AM
I have been thinking in similar lines for quite sometime now. I have decided to wait till September 2012 to see if dates reach my PD which is October 2007.
If not i am strongly looking at New Zealand too...At least for me i want to work/live in a western country as locums and relax in India when i am off...I dont see myself working in India full time, at least not at this point.
This may not work for most folks but being in Health Care, i have this option.
I wish you the very best !
If not i am strongly looking at New Zealand too...At least for me i want to work/live in a western country as locums and relax in India when i am off...I dont see myself working in India full time, at least not at this point.
This may not work for most folks but being in Health Care, i have this option.
I wish you the very best !
more...
sunny1000
07-09 12:14 PM
Here is something to note:
Accepting I485 along with a pending I-140 is part of the rule making by USCIS and so they may choose to change the rule back to "not accept I485 until an I140 petition is approved" just like that good ol' days before 2002, if they want.
But, I don't think they would do that as they need all the money that is being generated by EAD/AP.:rolleyes:
Accepting I485 along with a pending I-140 is part of the rule making by USCIS and so they may choose to change the rule back to "not accept I485 until an I140 petition is approved" just like that good ol' days before 2002, if they want.
But, I don't think they would do that as they need all the money that is being generated by EAD/AP.:rolleyes:
2010 Copy of Ontario College of
mbawa2574
08-06 02:44 PM
I have PD of Dec 2005 and I140 approved in June 2006 from TSC. Filed 485 on July 3rd .checks not cashed yet neither received the Receipt notice. Called up and lady checked the system and my 485 app is not in the system. She told me to call around 20th to check the status. What are they cooking ? I am not sure.
more...
newuser
05-23 04:36 PM
Here is the link (http://immigrationvoice.org/media/forums/Reporter_Contacts.xls) to download above mentioned contacts from the thread.
Instructions on how to import all the contacts into yahoo address book.
1. Download the file and save it to desktop.
2. Click the options on the left when you logon to yahoo mail.
3. Then click the address book to the right.
4. Under management, click Import/Export.
5. Select the yahoo .csv option. Browse to the file and press the import button.
6. All the addresses should be under your contacts now.
Can some one post all the email addresses in one place or at least tell me how to do . i am ready to do that
Nand
Instructions on how to import all the contacts into yahoo address book.
1. Download the file and save it to desktop.
2. Click the options on the left when you logon to yahoo mail.
3. Then click the address book to the right.
4. Under management, click Import/Export.
5. Select the yahoo .csv option. Browse to the file and press the import button.
6. All the addresses should be under your contacts now.
Can some one post all the email addresses in one place or at least tell me how to do . i am ready to do that
Nand
hair cards for her teachers,
Viktor
07-20 12:01 AM
I contributed $100 to IV just yesterday, I did not see this post before.
I think its wrong to let someone bear the burden alone for something thats a shared objective.
Count me in for the pledge
I think its wrong to let someone bear the burden alone for something thats a shared objective.
Count me in for the pledge
more...
sam_hoosier
12-17 02:33 PM
This is personal experience, people may have different view.
Looking at your post, I couldn't help wondering why you are still here ?
Looking at your post, I couldn't help wondering why you are still here ?
hot I expected the copy I#39;d
bobzibub
07-08 12:13 AM
It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.
If there must be a number at the day of filing, who's responsibility is it to manage that then? The applicant's? I filed my eb-485 based upon *their* indication that there were numbers available. I relied upon them in good faith that there were. Now I understand that they did their best to use them up as soon as they issued the visa bulletin--probably because the July 485s would not be at the higher fee schedule.
I think a judge would have no option but to allow the filings. It is not that allowing the 485s to stand would break the "numbers must be available" law. That law has already been broken, when they put Cs all over the visa bulletin.
Cheers,
-b
If there must be a number at the day of filing, who's responsibility is it to manage that then? The applicant's? I filed my eb-485 based upon *their* indication that there were numbers available. I relied upon them in good faith that there were. Now I understand that they did their best to use them up as soon as they issued the visa bulletin--probably because the July 485s would not be at the higher fee schedule.
I think a judge would have no option but to allow the filings. It is not that allowing the 485s to stand would break the "numbers must be available" law. That law has already been broken, when they put Cs all over the visa bulletin.
Cheers,
-b
more...
house 4 local kids awarded $1000
aniraj
02-03 03:37 PM
All the best to you. You must have thought & compared all the limitations.
In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.
In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.
tattoo High School teachers we
GCKaIntezar
06-11 01:30 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
more...
pictures Where can teachers find
deba
12-16 09:17 PM
I totally agree. I am almost fed up with this process for good. Once 180 days are over, I am switching jobs to advance my career. I have made a decision to return to India or go to Canada in case GC does not work out. Came here as a student in '97, PD EB2 India March/2005 and I am almost at the point of 'to hell with this charade'.
dresses The TAA, with its organizing,
anzerraja
07-19 09:45 PM
Thanks Very much !!!
100$ for this drive....Tell us what to do
100$ for this drive....Tell us what to do
more...
makeup Chinese government rules.
simple1
05-01 04:32 PM
Take this scenario.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
girlfriend Many credit unions in the
JA1HIND
04-22 01:29 PM
File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...:D
in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!! :p
http://www.h1b.info/lca_search.php
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...:D
in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!! :p
http://www.h1b.info/lca_search.php
hairstyles two romantic suspense
kosars
08-25 02:47 PM
applied July 2nd recieved July 3rd. Entered on 23rd Aug. Got the nos from the back of the checks. Waiting for the Receipts in mail
pappu
10-06 08:08 AM
On the topic of �getting some of our measures during lame-duck session�, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it�s encouraging. see following:
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B�s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm�s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
yes true. there will be efforts during the lame duck session from both sides. However it will not be easy as it seems. We need everyone's support to prepare ourself for this session now. This is the reason IV has started its drive to increase its membership and funding. we need to look tall when we will speak to lawmakers about our cause. It should show that we are representing 1 million high skilled immigrants stuck in backlogs and retrogression.
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B�s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm�s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
yes true. there will be efforts during the lame duck session from both sides. However it will not be easy as it seems. We need everyone's support to prepare ourself for this session now. This is the reason IV has started its drive to increase its membership and funding. we need to look tall when we will speak to lawmakers about our cause. It should show that we are representing 1 million high skilled immigrants stuck in backlogs and retrogression.
go_getter007
12-17 12:33 PM
You may want to focus on (and be thankful for) what you have out of the following:
1. Good health (which we often take for granted)
2. US born kids (at least they are citizens, if that's important to you)
3. US education (a different experience for sure)
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
5. Good work experience (this is transferable and more or less ensures a decent future)
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!
And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?
Cheers,
GG_007
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
1. Good health (which we often take for granted)
2. US born kids (at least they are citizens, if that's important to you)
3. US education (a different experience for sure)
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
5. Good work experience (this is transferable and more or less ensures a decent future)
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!
And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?
Cheers,
GG_007
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
No comments:
Post a Comment