feedfront
09-21 12:23 PM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
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actaccord
02-07 03:58 PM
donate 25000 Hilton points (accumulated for future vacation use but this is more important :-) ) , worth one night stay close to DC (10miles) or two night stay (25 miles from DC). This stay can be shared by 2 or 3 ppls. Also, I can take care of picking you from hotel to DC and back to hotel.
desi3933
02-11 07:36 PM
I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
>> Why be rude
My apologies if my post reflected that. My intention was never that.
.
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
>> Why be rude
My apologies if my post reflected that. My intention was never that.
.
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coolmanasip
03-07 08:45 AM
Guys....like everyone else I have been doing exhaustive research on this subject for last month or so.....I have resigned this week from my job and have decided to use AC21...... following are answers to some of your questions...
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
more...
gccube
03-17 01:18 PM
Current as per the April'08 bulletin
Munna Bhai
12-26 06:50 PM
:confused:
more...
ajthakur
07-14 06:25 PM
I filed EAD renewal on May 28 2008.
Service Center: Nebraska
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
Service Center: Nebraska
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
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HV000
03-19 01:26 PM
My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.
In short, in my opinion..the answer is NO
Wouldn't they atleast get pre-adjudicated if NOT approved??
In short, in my opinion..the answer is NO
Wouldn't they atleast get pre-adjudicated if NOT approved??
more...
abhijitp
07-23 08:07 PM
Employer is happy to give
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.
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jcmenon
07-24 09:31 AM
I totally agree with you. Lets go allout for this. We have to convince this first to IV core to take this up with priority then only we can pursue this with USCIS.
more...
anilsal
12-27 10:33 AM
When I went to renew my IL drivers license, two questions:
a) are u a citizen?
b) Do you vote?
Thats it. A yawn from the lady. License renewed till 2011.
I think the "Blue" states are much easier when it comes to dmv.
When you have time and you are an Indian:
http://tinyurl.com/yd4ds9
a) are u a citizen?
b) Do you vote?
Thats it. A yawn from the lady. License renewed till 2011.
I think the "Blue" states are much easier when it comes to dmv.
When you have time and you are an Indian:
http://tinyurl.com/yd4ds9
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texcan
01-22 09:29 PM
I tell you what! There is nothing positive about having a green card. I have a green card and I don't see any difference. Same old stuff, except that I didn't gave my finger prints on my last visit abroad. I think they are extended that finger printing mechanism to green card holders too, so nothing special.
Thanks for enlightenment about GC. See if GC makes no difference at all , then we have to start living life right away. Otherwise when we get GC it will be a small burst of happiness ( as other have mentioned), and then same misery again.
Thanks for enlightenment about GC. See if GC makes no difference at all , then we have to start living life right away. Otherwise when we get GC it will be a small burst of happiness ( as other have mentioned), and then same misery again.
more...
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vandanaverdia
09-10 04:00 PM
Yaaaayyyyyyyy....:D:D:p:)
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yabayaba
06-11 10:41 AM
Done
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Googler
05-20 09:53 PM
I had scanned a copy of DHS 7001 and emailed to Ombudsman last Wednesday (special thanks to Googler for all his informative messages). Also, when I spoke to TSC IO three weeks ago, the IO mentioned that they will email the 485 team based on my case details....not sure what triggered an action to my case....but whatever it was....I'm glad it did!! :) Congratulations Harish! Btw, Googler is a her not a his. :)
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thirdworldman
03-09 10:56 PM
Oh yeah, I know my bench sucks.
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gk_2000
08-11 06:31 PM
Again, as I mentioned, we are jumping all over the board with different ideas and opinions. This leads to no where. Someone who has good understanding of USCIS / DOS / Govt procedures should come up with an agenda and move forward from there. We'll need to work with IV leadership team too. (At this time, I don't think they are even looking into this effort, as understandably they have other goals in hand). However, we should approach them with concrete plan of action.
Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
We need focused efforts.
Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.
What say you guys?
Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.
Well the plan for now has to be just brain-storming. So let's compile the best ideas from here and make a list. So let's suggest our ideas and discuss the merits and de-merits of each of them
We should have some criteria to evaluate the ideas. I propose (in order of importance):
- Can be done with admin fix
- Controversy. Would like path of least resistance
- Addresses EB3 problem
All are free to develop upon these..
Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
We need focused efforts.
Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.
What say you guys?
Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.
Well the plan for now has to be just brain-storming. So let's compile the best ideas from here and make a list. So let's suggest our ideas and discuss the merits and de-merits of each of them
We should have some criteria to evaluate the ideas. I propose (in order of importance):
- Can be done with admin fix
- Controversy. Would like path of least resistance
- Addresses EB3 problem
All are free to develop upon these..
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a_yaja
06-25 02:02 PM
Gurus,
A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.
I-485 Check List
� Birth Certificate
� Copy of page with nonimmigrant visa
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Finger Printing (this is done after the I-485 is filed)
� Medical Exam Form (I-693)
� Form G-325A (this does not have a check list)
Evidence of Status
o Copy of I-94 showing admission to the United States
o Copy of approval of I129 extension (H1B extension notice) for primary
o Copy of approval of I539 (H4 extension)
� Employment Letter from Employer (original)
Evidence of eligibility
o Copy of I-140 approval (primary applicant)
o Copy of Marriage Certificate (derivative status)
� Filing Fee
I-131 Check List
� Govt. ID (driver�s lic. Or passport)
� AOS Receipt (not required for first time filing along with I-485 form)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Letter explaining why you require AP
� Filing Fee
I-765 Check List (submit in following order)
� Copy of I-94 (front and back)
� Copy of last EAD (for renewal only)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Filing Fee
A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.
I-485 Check List
� Birth Certificate
� Copy of page with nonimmigrant visa
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Finger Printing (this is done after the I-485 is filed)
� Medical Exam Form (I-693)
� Form G-325A (this does not have a check list)
Evidence of Status
o Copy of I-94 showing admission to the United States
o Copy of approval of I129 extension (H1B extension notice) for primary
o Copy of approval of I539 (H4 extension)
� Employment Letter from Employer (original)
Evidence of eligibility
o Copy of I-140 approval (primary applicant)
o Copy of Marriage Certificate (derivative status)
� Filing Fee
I-131 Check List
� Govt. ID (driver�s lic. Or passport)
� AOS Receipt (not required for first time filing along with I-485 form)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Letter explaining why you require AP
� Filing Fee
I-765 Check List (submit in following order)
� Copy of I-94 (front and back)
� Copy of last EAD (for renewal only)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Filing Fee
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NKR
03-17 10:50 AM
Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.
I think I was current then and I missed out on that date since I was stuck in backlog elimination centre. you could be right.
I think I was current then and I missed out on that date since I was stuck in backlog elimination centre. you could be right.
amitjoey
07-03 05:40 PM
When we are already doing the work (sending flowers, calling senators & media etc), why should we pay IV? Also, I would feel more comfy donating to something where I can see where the money is going.. I'm not well versed with the website, but is there a place I can get financial info from.. Thnks..
Please PM IV Core, also in regards to how the funds will be used, there is detailed text on the financial contributions page.
Please PM IV Core, also in regards to how the funds will be used, there is detailed text on the financial contributions page.
Suva
03-12 10:26 AM
I support this.
To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...