fundo14
10-15 02:08 PM
Hi All,
I received an RFE on my pending 485 application:
Here is my case:
I am a derivative applicant working on my own H1
Here is the content of the RFE:
1. Please submit a properly completed form G325A. Submit all the documentary evidence to support your employment history listed in form G325A.
2. Clear copies of form W2 wage and Tax statements
3. Complete copies of properly filed Tax returns (IRS Form 1040)
4. Any additional document which confirms your employment history.
5. You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
I can easily provide all the docs above (from number 1 to 4) but I am surprised why I am asked to provide a letter from my intended permanent employer since I am derivative applicant.
Anyone else in the same boat? please share your experience/ suggestion.
Thanks!
I received an RFE on my pending 485 application:
Here is my case:
I am a derivative applicant working on my own H1
Here is the content of the RFE:
1. Please submit a properly completed form G325A. Submit all the documentary evidence to support your employment history listed in form G325A.
2. Clear copies of form W2 wage and Tax statements
3. Complete copies of properly filed Tax returns (IRS Form 1040)
4. Any additional document which confirms your employment history.
5. You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
I can easily provide all the docs above (from number 1 to 4) but I am surprised why I am asked to provide a letter from my intended permanent employer since I am derivative applicant.
Anyone else in the same boat? please share your experience/ suggestion.
Thanks!
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yabadaba
07-23 09:52 AM
ne thots from core?
petepatel
08-21 09:49 AM
Congrats
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wait_2010
07-25 02:39 PM
I believe people who suggest that they follow career before GC are right to an extent. But to me the you have to chose..losing freedom to chose ur employer vs losing one career oppoertunity ...If u have GC you can chose from other opportunities and surely there will be plenty..Especially u r close to GC, it might be worth the risk and wait to get GC..even if u get an EAD , it will make life simple for ur wife and urself as she can get a job in any place and any employer and u will have the same option...Nothing beats freedom...
It seems odd that the BIG consulting company wants to use EB3 to tie u for long time as they know the advantage for themselves..Ironical ..rules to protect americans end up hurting them because companies love H1Bs as they can use them as they want...
It seems odd that the BIG consulting company wants to use EB3 to tie u for long time as they know the advantage for themselves..Ironical ..rules to protect americans end up hurting them because companies love H1Bs as they can use them as they want...
more...
b2visahelp
06-15 11:17 PM
which country are you from?
Indonesia
Indonesia
gcpool
08-23 12:02 PM
in EB3, EB2 and EB1
more...
peer123
04-09 04:34 PM
Hi,
My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
that time frame I would have already applied for my EAD renewal.
Can I transfer to Company B during this renewal process?
Thanks
AK
I do not beleive that EAD is company specific, it is yours like a green card, they will not ask anything whilre renewing green card.
Thanks
peer123
My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
that time frame I would have already applied for my EAD renewal.
Can I transfer to Company B during this renewal process?
Thanks
AK
I do not beleive that EAD is company specific, it is yours like a green card, they will not ask anything whilre renewing green card.
Thanks
peer123
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raysaikat
04-22 01:41 PM
I think i understand:) Thank you.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
Talk to the immigration attorney your company is using. You (guys) do need a home residency requirement waiver to be eligible to work on H1-B. IIRC, the waiver has to come from both your home country as well as US. Anyway, I am not well conversant on J visas.
There is an annual 65,000 visa limit for H1-B visas. There is an additional 20,000 visas for M.S. degree holders in STEM (Science, Technology, Engineering and Mathematics) disciplines from US universities. Non-profit organizations and US universities are exempt from the quota limit.
The application time window for H1-B that takes effect on Oct 1, 2010 opens on April 1, 2010 (i.e., H1-B VISA starts from the start of the fiscal year, and application for that opens in the previous April). A few years back all 65,000 VISAs would get exhausted within a couple of days after the window opened (i.e., by April 3-4, all VISAs would be gone). AFAIK, the H1-B quota for 2010 (i.e., for H1-B VISAs that would start from Oct 1, 2010) is not yet exhausted. But it is always a very good idea to do the petition as soon as you can.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
Talk to the immigration attorney your company is using. You (guys) do need a home residency requirement waiver to be eligible to work on H1-B. IIRC, the waiver has to come from both your home country as well as US. Anyway, I am not well conversant on J visas.
There is an annual 65,000 visa limit for H1-B visas. There is an additional 20,000 visas for M.S. degree holders in STEM (Science, Technology, Engineering and Mathematics) disciplines from US universities. Non-profit organizations and US universities are exempt from the quota limit.
The application time window for H1-B that takes effect on Oct 1, 2010 opens on April 1, 2010 (i.e., H1-B VISA starts from the start of the fiscal year, and application for that opens in the previous April). A few years back all 65,000 VISAs would get exhausted within a couple of days after the window opened (i.e., by April 3-4, all VISAs would be gone). AFAIK, the H1-B quota for 2010 (i.e., for H1-B VISAs that would start from Oct 1, 2010) is not yet exhausted. But it is always a very good idea to do the petition as soon as you can.
more...
gc_wow
09-16 10:43 PM
This lou dog has done much damage to our community, firing him from CNN or removing his sponsers is not going to do much. He will go to another channel and life goes on. Get this guy on our side and make him tell our story. When the dog barks point it towards enemy.
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maxy
10-16 01:19 PM
sounds good...thanks
look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".
my 2 cents.
look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".
my 2 cents.
more...
hopefulgc
05-12 11:10 PM
newuser,
If you are ever in florida.. jacksonville area... give me a shout.
For this kinda support, i totally owe you a drink at buffalo wild wings.
I am in for it. I am ready to put 2K if members are going to come forward
If you are ever in florida.. jacksonville area... give me a shout.
For this kinda support, i totally owe you a drink at buffalo wild wings.
I am in for it. I am ready to put 2K if members are going to come forward
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CADude
11-08 01:05 PM
NO,
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
It appears that this 655K includes family based I485 cases too who are in a different queue.
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
It appears that this 655K includes family based I485 cases too who are in a different queue.
more...
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vinabath
05-15 01:03 PM
What a coincidence.....
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
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jonty_11
06-11 12:18 PM
Guys,
Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will
He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...
http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html
Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will
He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...
http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html
more...
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gc_on_demand
11-20 12:07 PM
This is just believe and what I think is something will be good for EB community. Specially those who has MS or Higer degree from USA. It can be tough for employee of small consulting companies. But that is Reform.
Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.
I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.
only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..
Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.
I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.
only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..
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Gravitation
04-13 09:48 AM
90 days after the Prez signs it, which he should fairly promptly after it's been ratified by both houses. However, all this is moot point -IMO- as the real sticky and unpredictable part is house and senate agreeing on the same bill, etc.
more...
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53885
05-12 11:38 AM
I didnt contact senators from AILA.
I sent to media organizations from - http://capwiz.com/aila2/dbq/media/ in northern/souther california and Arizona. May send to other states today.
How do you contact so many senators. It asked my my address and sent the email only to my state's senators.
I sent to media organizations from - http://capwiz.com/aila2/dbq/media/ in northern/souther california and Arizona. May send to other states today.
How do you contact so many senators. It asked my my address and sent the email only to my state's senators.
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radhay
06-20 11:07 AM
I am in the same boat (completing a decade of career in US). Can they hire you as a consulting PM so you can still stay with your current employer?
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abhijitp
01-25 07:21 PM
^^
morpheus
04-06 12:03 PM
Yes all of us can apply under 218 also but then I am not sure if I will want to wait another 6 years before applying for a green card. Also there is no set category under which these people will be able to apply for their green cards. So at that time, another bill will be needed to carve out a category for them and then they will have to be processed. So it could easily take another 4-5 years before you might get your GC. Also god only knows what kind of restrictions might be placed on the immigrants under this section and once you transfer under that category your existing GC processing will have to be canceled.
If you are in a stable job with limited promotions or raises, I agree the traditional GC route is better if you can make it through. For my career, I would rather have the added flexibility for six years. I do agree it could be very slow though and it is a small extra risk. In my case, I have the option of returning to another visa category if the GC processing didn't work out in the end.
If you are in a stable job with limited promotions or raises, I agree the traditional GC route is better if you can make it through. For my career, I would rather have the added flexibility for six years. I do agree it could be very slow though and it is a small extra risk. In my case, I have the option of returning to another visa category if the GC processing didn't work out in the end.
rani77
02-06 07:30 PM
arjun007
Did u surrender your I 94s when leaving for Canada???
Also if you did ,did the POE officer issue you a new I 94 when you re entered US??
I am asking because i have heard different verisons when u visit canada
Please let me know ,we might be planning a trip to Canada soon
and our H1 stamp is expired so we might go for stamping.
Also please post about your canada visa details.
Thx
Did u surrender your I 94s when leaving for Canada???
Also if you did ,did the POE officer issue you a new I 94 when you re entered US??
I am asking because i have heard different verisons when u visit canada
Please let me know ,we might be planning a trip to Canada soon
and our H1 stamp is expired so we might go for stamping.
Also please post about your canada visa details.
Thx
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