onemorecame
10-11 11:05 AM
Status changed to 'Your Case Status: Request for Evidence Response Review'.
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v7461558
07-16 10:37 PM
Here's another potential way to go. Don't know if anyone has the balls to pursue it, but it may be quite effective.
IRS states "The IRS continues to investigate promoters of frivolous arguments and to refer cases to the Department of Justice for criminal prosecution." http://www.irs.gov/newsroom/article/0,,id=155289,00.html
Someone (preferably a lawyer) can write a letter to NumbersUSA stating that their widely disseminated template message, item (2), suggests that tax avoidance among H1B's is legal, and in this manner promotes tax avoidance. We can ask them to remove the message, or else we refer them to IRS Compliance and Enforcement.
This is not so far-fetched---note their wording: "Congress allows foreigners..."
IRS states "The IRS continues to investigate promoters of frivolous arguments and to refer cases to the Department of Justice for criminal prosecution." http://www.irs.gov/newsroom/article/0,,id=155289,00.html
Someone (preferably a lawyer) can write a letter to NumbersUSA stating that their widely disseminated template message, item (2), suggests that tax avoidance among H1B's is legal, and in this manner promotes tax avoidance. We can ask them to remove the message, or else we refer them to IRS Compliance and Enforcement.
This is not so far-fetched---note their wording: "Congress allows foreigners..."
indianindian2006
07-14 05:35 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Could you inform us what your Eb category is and what is your priority dates.
TIA
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Could you inform us what your Eb category is and what is your priority dates.
TIA
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Michael chertoff
03-10 12:33 PM
coolman ship,
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
more...
sanju
11-11 05:48 PM
Wise words from a Senior Member!
But people here are not ready for new ideas. They are dreaming that Obama will install a GC card printer and start printing once he sworn in.
I presented an idea recently, as a temprory fix in these tough times. All I got was couple funny replys that has nothing to do with my plan. Also I got few red dots as a bonus.
Many gave up hope I believe.
Don't worry about the comments and the dots. I agree, things are going to get very tough in coming years.
And, the work of every president in the modern history has been diagonally opposite to the expectation. Example, conservatives voted for Bush to ban abortion, stop illegal immigration, balance budget etc. On all these issues, he was a major upset to his supporters. Based on what I know (and don't know), I think that the expectations of most people from Obama administration are likely to dash against the rock. Specifically, people on immigration forums like this one, who feels being in the proximity of a miracle will soon realize the dangerously flawed situation. The apathy of this community will consume it. Live and learn....
.
But people here are not ready for new ideas. They are dreaming that Obama will install a GC card printer and start printing once he sworn in.
I presented an idea recently, as a temprory fix in these tough times. All I got was couple funny replys that has nothing to do with my plan. Also I got few red dots as a bonus.
Many gave up hope I believe.
Don't worry about the comments and the dots. I agree, things are going to get very tough in coming years.
And, the work of every president in the modern history has been diagonally opposite to the expectation. Example, conservatives voted for Bush to ban abortion, stop illegal immigration, balance budget etc. On all these issues, he was a major upset to his supporters. Based on what I know (and don't know), I think that the expectations of most people from Obama administration are likely to dash against the rock. Specifically, people on immigration forums like this one, who feels being in the proximity of a miracle will soon realize the dangerously flawed situation. The apathy of this community will consume it. Live and learn....
.
av2004
07-02 10:34 AM
Sent the e-mails to my senators.. Will update if there is any response back from the Senators. Thanks to IV for providing the simplified form!
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nc14
06-11 01:39 PM
Thanks much.
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ashkam
07-28 12:31 PM
Pray, how is displaying Ganesha on a beer bottle akin to opposing Hinduism?
And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?
Getting offended has turned into a national pastime. Get a hobby instead, will you?
And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?
Getting offended has turned into a national pastime. Get a hobby instead, will you?
more...
lahiribaba
02-05 11:35 PM
like minded folks, please post your ideas.
This time to ombudsman office and to the white house. I have seen no other campaign been so successful like what we did in July 2007 that made USCIS reverse their decision.The whole point of this is to make a point to the ones who have the power to change things.
This time to ombudsman office and to the white house. I have seen no other campaign been so successful like what we did in July 2007 that made USCIS reverse their decision.The whole point of this is to make a point to the ones who have the power to change things.
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jerez_z
03-12 08:41 PM
It was a hard choice between Thirdworldman and Eilsoe... I had to go with Third cause his lighting was cool, and the setup was nice.
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thomachan72
07-05 03:14 PM
First of all Nixstor everybody here really appreciates your contributions and support for the community. However, we have to remember that when there is a need people will act. You did no harm by making this very important point. Ofcourse the site might not be converted to a paid one, but your post really brought out certain very important points to light and we really appreciate that. You are right there are many who benefit without contributing. But we have to remember that any efforts similar to this (IV) will cosist of a huge population. Out of that there will always be a percentage who will never contribute and some selfless people like yourself who always take the extra step to help others and in turn recieve help. If this site becomes paid many might simply cut of their visits. And I wont argue with you if you say that aint true. Personally I feel we might loose a lot of the memberships if that happens. Regarding the present fight against the uscis, I dont even think we are in need of that big a sum because the AILF is taking up the case free of cost (correct me if I am wrong). You may / may not contribute. They are already decided and they will fight. Now the drive for the future CIR if any, will go on slowly and can be increased as need arises. More than money what we need now is people sending out information to the media / politicians. Money comes last now, as far as I know.
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intheyan
06-29 05:39 PM
Hi Am100 and Ramee,
Congrads to you both and also really happy to see 2004 aprrovals.:)
Congrads to you both and also really happy to see 2004 aprrovals.:)
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deepakjain
08-10 04:36 PM
Dude,
now a days predictions have become more like weather forecasting saying that past few years we had rains around this time hence forth it may rain. :p
2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012. Do not ask the source of information it is more of stock market and weather forecast were in stocks falls and gains every 5th year and 6th of June is the first day of monsoon in mumbai....:D
No point in giving stess to your grey cells, all are predictive cycle &, process
now a days predictions have become more like weather forecasting saying that past few years we had rains around this time hence forth it may rain. :p
2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012. Do not ask the source of information it is more of stock market and weather forecast were in stocks falls and gains every 5th year and 6th of June is the first day of monsoon in mumbai....:D
No point in giving stess to your grey cells, all are predictive cycle &, process
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hiralal
09-10 05:48 PM
True. But this is slower as this gets split in to all categories. For EB3 to get all of that or most of that will take years.
we can only speculate since even they don't know what they will do-- but my guess is it will be better ... they may try to give more visas for eb3 just to keep the gap between eb2/eb3 to around 5 years..since this attracts more filings which means more $$$
we can only speculate since even they don't know what they will do-- but my guess is it will be better ... they may try to give more visas for eb3 just to keep the gap between eb2/eb3 to around 5 years..since this attracts more filings which means more $$$
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CSPAvictim
07-09 07:17 PM
I'm not sure I totally understand what you said, but
a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
b. However, June falls in the third quarter for which the limitation DOES apply.
c.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.
It'll be interesting to see how USCIS explains itself in court.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
b. However, June falls in the third quarter for which the limitation DOES apply.
c.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.
It'll be interesting to see how USCIS explains itself in court.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
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sanju
02-13 05:29 PM
You honestly believe that our problems are comprable to the suffering that the real victims of ethnic cleansing go through?
Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.
"What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?
Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.
.
Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.
"What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?
Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.
.
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aadimanav
09-10 10:17 PM
Updates from Greg Siskind's
[Update] My report below is not correct. The initial report I received on the markup was not correct and the markup process was not competed today. I believe work is going to continue tomorrow or Friday and hopefully this will be done by the weekend. Apologies.]
[Update] My report below is not correct. The initial report I received on the markup was not correct and the markup process was not competed today. I believe work is going to continue tomorrow or Friday and hopefully this will be done by the weekend. Apologies.]
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gc_on_demand
11-14 03:19 PM
Not for us but for some one they will meet and discuss
http://judiciary.house.gov/hearings/calendar.html
If Zoe can bring this up then we may be able to push for HR 5882. Seems like no one is interested in HR 5882.
Come on ! some one from california should help us in this one.. Call Zoe's office and find out where we are on HR 5882.
http://judiciary.house.gov/hearings/calendar.html
If Zoe can bring this up then we may be able to push for HR 5882. Seems like no one is interested in HR 5882.
Come on ! some one from california should help us in this one.. Call Zoe's office and find out where we are on HR 5882.
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LegalIndianInUSA
08-02 11:43 PM
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
There was no fine print on the appointment letter. There wasn't even fuzzy wording (like "we may" or "in most circumstances" etc).
Although I'm clearly educated about how the system works now, back then, at age 24, I wasn't. I was foolish enough to trust and believe that they would keep their word; they are after all, big multinational companies.
I don't want other young Indian/foreign immigrants to fall into the same predicament.
The sooner they realize that Human Resources is the most inhuman department in a company, the better.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
In large companies, the Legal department doesnt exist solely for GCs and Immigration related matters. The cost of immigration is barely a drop in the overall cost of maintaining such a department, and hence your logic is wrong.
It is an unfortunate truth we all need to get accustomed to live with.
No, we dont need to get accustomed to being lied to, or being treated as skilled slaves.
If you side with the law and say that the companies are not obligated to process GCs, then they should not be offering the same. Also, the law as it currently stands, is unjust and I'd much sooner see the law be changed to something like "if you've worked here for 6 years, paid taxes etc, then you can apply for a GC yourself based on just that"
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here.
lol. Firstly, there is no such thing as a "free market". Wake up already.
Secondly, the US is more socialist than India is.
Thirdly, A GC is not a freebie/extra perk. A GC is a good-faith agreement between the company, the future employee and the governing body(USCIS), and companies should understand the ethical meaning of "good faith".
If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
Yea sure, I'd like to see all the high skilled kings that have been made by companies.
It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
At the end of the day, you are just another desk jockey.
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
There was no fine print on the appointment letter. There wasn't even fuzzy wording (like "we may" or "in most circumstances" etc).
Although I'm clearly educated about how the system works now, back then, at age 24, I wasn't. I was foolish enough to trust and believe that they would keep their word; they are after all, big multinational companies.
I don't want other young Indian/foreign immigrants to fall into the same predicament.
The sooner they realize that Human Resources is the most inhuman department in a company, the better.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
In large companies, the Legal department doesnt exist solely for GCs and Immigration related matters. The cost of immigration is barely a drop in the overall cost of maintaining such a department, and hence your logic is wrong.
It is an unfortunate truth we all need to get accustomed to live with.
No, we dont need to get accustomed to being lied to, or being treated as skilled slaves.
If you side with the law and say that the companies are not obligated to process GCs, then they should not be offering the same. Also, the law as it currently stands, is unjust and I'd much sooner see the law be changed to something like "if you've worked here for 6 years, paid taxes etc, then you can apply for a GC yourself based on just that"
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here.
lol. Firstly, there is no such thing as a "free market". Wake up already.
Secondly, the US is more socialist than India is.
Thirdly, A GC is not a freebie/extra perk. A GC is a good-faith agreement between the company, the future employee and the governing body(USCIS), and companies should understand the ethical meaning of "good faith".
If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
Yea sure, I'd like to see all the high skilled kings that have been made by companies.
It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
At the end of the day, you are just another desk jockey.
Winner
06-10 05:03 PM
Did my part.
indianindian2006
07-14 05:56 PM
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Ajthakur,
Is their any ways you could contact your previous employer and try to find answers if your 140 is cancelled by that employer as that would give you a good idea of how to reply on this RFE.As suggested by others you have to reply to this RFE or your 485 is in jeopardy.
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Ajthakur,
Is their any ways you could contact your previous employer and try to find answers if your 140 is cancelled by that employer as that would give you a good idea of how to reply on this RFE.As suggested by others you have to reply to this RFE or your 485 is in jeopardy.
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