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  • 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!




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  • tsarun11
    07-12 05:33 PM
    I have the same question. I have my labor approved (pre-approved labor) and I-140 approved. My PD is Nov-04. I don't have a copy of my approved I-140 and my company does not give it to me.

    If I wish to change companies, how do I proceed - Is there a circumvent process?




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  • rbalaji5
    11-29 07:51 PM
    Gurus,

    Guide me. I am planning to apply for Canada Green Card (Permanent Resident). What I am going to do is.

    1) Just download the application forms from Application for Permanent Residence in Canada [IMM 0008SW] from the website and just apply without any representative

    Question is

    1) Do I need a representative as this is a backup to US GC.
    2) I dont have any Canadian temp work visa
    3) How much bank Balance I need ?

    Please clarify




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  • GCwaitforever
    02-27 03:46 PM
    I will offer a different perspective. There are IT packages for every application nowadays. If you have expertize in your own field (Bio Engineering or Finance for example), try to think of unmet needs in your functional expertize areas and come up with a software product. That will be the best use of your knowledge. And do not forget IV, when your product becomes a big hit and you become a millionaire.;)



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  • manish1905
    10-07 12:34 PM
    I got same audit in september as well
    the guy came in to my desk and took pictures and i was asked to show my pay stubs
    then they went to my hr and asked all questions
    on being asked he said its the normal procedure
    so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs

    Thanks for your info!!!!!




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  • nsveta
    04-23 03:39 PM
    I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
    Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..

    gapala, I agree with you. However, please let me talk to my friend and I will probably PM you about the details. I do not believe its a good idea to post out here. Sorry.



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  • logiclife
    01-05 05:08 PM
    As of late this morning have exceeded $6000. Its a start and we need to involve more people who are affected by retrogression.

    logiclife.




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  • India76
    07-17 06:18 PM
    PLEASE HELP PLEASE

    I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august



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  • angelfire76
    01-16 03:44 PM
    3-4 people from MSFT and couple from Nordstrom who got laid off last week.
    This economy really blows.




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  • slowwin
    04-25 11:30 AM
    hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex

    Rex,

    1) It is better to send in an AC21 letter, when in doubt i.e, in case your employer revokes I-140., even though you have crossed 180 days threshold after filing for I-485/AOS.

    2) Retain your own lawyer and change G-28 to him/her. For changing G-28 to self is done by sending in a letter to USCIS saying that you are withdrawing the representation rights (for you) of the the previous lawyer.

    3) First Change address. Use AR-11 form. send it to the address shown on that form. secondly, Call the number on your I-485 and other receipts to update your new address.

    The proper sequence to follow is 3, 2, 1.

    Thanks,

    ----------------------------
    DISCLAIMER: Not a legal advise. This is my personal opinion. Consult an attorney to proceed.



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  • katrina
    06-09 02:33 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.

    Once she get her greencard approved you will automatically get yours as well.

    but as always this is just my opinion everything has still need to be consult with your lawyer.




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  • arnet
    11-16 12:28 AM
    you can use any of the consulates in india.

    but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.

    disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.

    I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..



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  • Mumbai_girl
    12-03 11:58 AM
    What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.

    bach007 , I do very much appreciate your reply. I did call up mumbai and delhi visa center and they also said the same thing. Needless to say my lawyer needs to do lot of reading and research before answering any queries.




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  • little_willy
    08-25 03:16 PM
    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?

    Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.



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  • somex
    05-19 12:13 PM
    I think reapplying in two days is not a good idea. what makes you think that the consular officers would change their mind in two days? Now a days consulate wary on issuing visas. You need to have good justification (Documentation) before applying second time.


    Hello,

    My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
    I have worked in US from October 2008 to January 2009.

    Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.

    Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?

    I am thinking to reapply again in next 2 day.

    Can anyone help me what should i do in this case?

    Thanks,
    Harish Gowda




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  • desi3933
    07-20 04:29 PM
    My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
    As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.

    about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.

    You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.

    >> If you don't have a valid H1 and no EAD, you are out of status

    Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.

    _____________________
    Not a legal advice.



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  • sledge_hammer
    02-08 01:25 PM
    All I'm doing is trying to keep this thread alive by posting something :p




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  • Aah_GC
    06-13 06:39 PM
    I have asked this question before and have called around 4 reps so far. Do I just leave a message or ask for the Congressman / woman? The receptionists are probably not even writing down the messages.




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  • sands_14
    06-11 03:21 PM
    I dont want your colour to change but media keeps writing stuff,i guess we are intelligent enough to make our informed judgements.
    I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
    This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)




    Ramba
    12-23 04:11 PM
    If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?


    No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.




    cvk90
    12-08 01:40 AM
    Not sure where this is going...Respond with caution folks...posting seems fishy !!



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