cahaba
04-13 12:36 AM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
belmontboy
01-09 04:08 PM
Its like going to tirupati and asking people if they have seen any mottai's [mottai - tamil, meaning shaved head].
:D
On another note, practically everybody over here has seen/heard somebody losing their jobs...
:D
On another note, practically everybody over here has seen/heard somebody losing their jobs...
InTheMoment
07-12 01:36 AM
Hang on mann! no need to jump to conclusions yet...
fromnaija
07-20 04:59 PM
I'll be checking the source of this. I'll be glad if you could point me in the right direction. Thanks.
However, this does not apply to the first poster (juz4forums). But it does answer the question of the second poster(immiguy).
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
However, this does not apply to the first poster (juz4forums). But it does answer the question of the second poster(immiguy).
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
more...
![diagram of circulatory system of frog. frogs circulatory system]](http://i.ehow.co.uk/images/a06/vr/t4/compare-lymphatic-system-circulatory-system-800X800.jpg "frogs circulatory system]")
Alabaman
07-14 08:26 AM
Not trying to sound pessimistic� but I am tired of hearing about the so called SKIL bill without any sort of timeline attached to it. For all I care it seems to me that it might just lay dormant in the house for one, two or even five years without any consideration. Any one with more info should please throw more light.
ames
03-05 02:22 PM
ames, post your picture in your own thread with a title for it under the Just Draw Yourself sectoin of the forums HERE (http://www.kirupa.com/forum/forumdisplay.php?f=152).
This thread is for the list of entries and to notify big K of your entry if it's not added to the list of entries within 24 hours.
Nice Job by the way.
Hello and thanks for letting me know Lord Rahl. Sorry about that - I am just new here. I posted my own thread for it to hopefully be entered. And thank you for your compliment! I also like your self portrait drawing! I like to sketch with pen and ink or pencil myself. I have seen some great entries so far! :)
This thread is for the list of entries and to notify big K of your entry if it's not added to the list of entries within 24 hours.
Nice Job by the way.
Hello and thanks for letting me know Lord Rahl. Sorry about that - I am just new here. I posted my own thread for it to hopefully be entered. And thank you for your compliment! I also like your self portrait drawing! I like to sketch with pen and ink or pencil myself. I have seen some great entries so far! :)
more...
uslegals
09-17 01:51 PM
Spoly - Stop crying like a baby & show up for rally and then see how ur life changes..! If u think IV does not care about immigration reform - you got another comin'..!! Wake up & smell the coffee pal.! We all are IV..!! So who is the YOU that u are referring to in ur post.!
pbojja
03-18 04:59 PM
Sorry but little confused .
Did you apply the GC with the company you are working for now? If so why do you want to change Employer before I140 is approved .
If you change the company and if there is a query on your 140 you are back to square1 .
I would recommend you work on I140 approval , as amit suggested contact your senator
Did you apply the GC with the company you are working for now? If so why do you want to change Employer before I140 is approved .
If you change the company and if there is a query on your 140 you are back to square1 .
I would recommend you work on I140 approval , as amit suggested contact your senator
more...
gc_chahiye
08-05 11:01 PM
One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.
did your friend then file a MTR?
did your friend then file a MTR?
slc_ut
05-29 04:27 PM
OK Prashant, got it. Thanks.
Hi,
You can fill up these forms save and exit without picking a date ..
after u have save ur application it shouldnt take more than a minute when u want to pick a date .. I guess u got keeping looking ..
Hi,
You can fill up these forms save and exit without picking a date ..
after u have save ur application it shouldnt take more than a minute when u want to pick a date .. I guess u got keeping looking ..
more...
ArkBird
07-09 04:22 PM
I think your asylum status is triggering red light. VO has all the reasons to believe that your family may also apply for asylum once they are in USA because you did even with strong family ties in home country.
Hope this helps.
ArkBird
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
Hope this helps.
ArkBird
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
rajs
04-04 03:43 PM
my case is pending from 2004
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
more...
sebstence
03-04 11:02 PM
I think the answer is yes.
serg
04-06 11:01 PM
The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...
more...
lskreddy
11-10 02:58 PM
The answer is no, she cannot volunteer. Community service is probably all one can do but any others that potentially can be perceived as displacement of US worker is certainly a no-no. In the proposed case, it can be construed as such.
Having said all this, its tough to interpret what actually is and is not true.
Having said all this, its tough to interpret what actually is and is not true.
RamBharose
03-13 06:34 PM
hey kris
i really wanted to know if it was illegla before reporting someone, you can refer to jaylenos reply where he quoted my previous post and you will know my real issue is with people that do fraud.
And i am not that stupid to write in a forum like this accepting that i am doing a fraud ehn i can be tracked.
I wasnt sure and i didnt know how to go about it.
try to follow law in its technicality and spirit. A lot of us may face delay in their app processing for uscis to figure out fraudsters among us. We should keep our program defensible not only in the court of law but also in the court of (american) public opinion.
i really wanted to know if it was illegla before reporting someone, you can refer to jaylenos reply where he quoted my previous post and you will know my real issue is with people that do fraud.
And i am not that stupid to write in a forum like this accepting that i am doing a fraud ehn i can be tracked.
I wasnt sure and i didnt know how to go about it.
try to follow law in its technicality and spirit. A lot of us may face delay in their app processing for uscis to figure out fraudsters among us. We should keep our program defensible not only in the court of law but also in the court of (american) public opinion.
more...
styrum
10-26 10:05 PM
I got this as a real paper letter. The signature is a picture, of course, not real.
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
prem_goel
12-03 10:17 PM
Thanks for the update. I have an appointment at Nogales in mid-Dec.
Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.
They gave the banamex draft for $151. It just looks like a normal receipt (like grocery store receipts in US). Why do you ask?
See my previous reply for supporting docs.
Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.
They gave the banamex draft for $151. It just looks like a normal receipt (like grocery store receipts in US). Why do you ask?
See my previous reply for supporting docs.
sledge_hammer
04-08 07:26 PM
Your join date is March 2009. We know you are not a donor. We know you have not participated in any IV campaigns. But you want IV to be answerable to you.
Please tell us why!
Please feel free to delete my id.
I am done here. Wish good luck to everybody. Hope everyone gets GC soon.
Please tell us why!
Please feel free to delete my id.
I am done here. Wish good luck to everybody. Hope everyone gets GC soon.
zCool
04-02 08:43 PM
Hi Bhayzone,
Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!
Good luck!
Ams
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!
Good luck!
Ams
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
rsdang
08-25 02:06 PM
I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
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