boreal
12-28 02:36 PM
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
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welcome back qplearn :-)
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whitecollarslave
01-18 01:36 PM
Talking about ID cards, wouldn't a driver's license be a proof of legal stay? With the new rules they check for immigration status before issuing a drivers license. People who are tourists or visitors will not have a US state issued drivers license.
In my case, my driver's license is valid till my H1 validity.
In my case, my driver's license is valid till my H1 validity.
masouds
02-16 12:00 PM
Don't tell me that If I come from India, I don't assimilate with the local population.
You don't get it, do you? I've never talked about you. What I am saying is simply this: If you don't limit the number of immigrants from one country, you essentially become a part of that country with the influx of people coming from there. This is what people in America are afraid of. They can't limit the influx of illegal immigrants from Mexico and other latin america countries, and it is becoming a big deal for them, since they don't want to be forced to learn spanish next time they go to a diner.
Is it racist? probably so. But remember, it is their country; They make the laws. They can make people dance for 5 minutes at ports of entry while they film it and post it to youtube if they like (see recent articles about search and seizures of returning greencard holders' electronic equipment).
If you support the old colonist and racist mentality , you stand no where. If you are so afraid of competing with Chinese and Indians that you have to refer Black period of American history, then my friend you don't belong on this website.
And who the hell are you to tell me this?
We don't represent any nationality here at IV but there is a good population of Indians and Chinese on this website and you don't wanna offend them with your racism. Again there is freedom of speech but you can take your a$$ to some anti-indian or anti-chinese blog if you want to release your bigotry.
What did I say? What I mentioned was the natural tendency of people of one language and one common background to gather together and stay together, even though the whole society asks them "Please forget your background and become one of us". How is that racist? This law stops the society to become divided into two factions of 'Us' vs. 'Irish' or 'Us' vs. 'Italians' or 'Us' vs. 'Iranians', etc. There have been several waves of people coming to US for whatever reasons; They are just making sure this doesn't happen again.
This per country cap law is very much like the tax code. If you change it to favor one class of people, you end up screwing everyone else. The current immigration law favors me, so I am happy. It doesn't favor you, so you are (understandably) unhappy. Calling me racist and trying to chase me out of IV is not going to solve your problem.
You don't get it, do you? I've never talked about you. What I am saying is simply this: If you don't limit the number of immigrants from one country, you essentially become a part of that country with the influx of people coming from there. This is what people in America are afraid of. They can't limit the influx of illegal immigrants from Mexico and other latin america countries, and it is becoming a big deal for them, since they don't want to be forced to learn spanish next time they go to a diner.
Is it racist? probably so. But remember, it is their country; They make the laws. They can make people dance for 5 minutes at ports of entry while they film it and post it to youtube if they like (see recent articles about search and seizures of returning greencard holders' electronic equipment).
If you support the old colonist and racist mentality , you stand no where. If you are so afraid of competing with Chinese and Indians that you have to refer Black period of American history, then my friend you don't belong on this website.
And who the hell are you to tell me this?
We don't represent any nationality here at IV but there is a good population of Indians and Chinese on this website and you don't wanna offend them with your racism. Again there is freedom of speech but you can take your a$$ to some anti-indian or anti-chinese blog if you want to release your bigotry.
What did I say? What I mentioned was the natural tendency of people of one language and one common background to gather together and stay together, even though the whole society asks them "Please forget your background and become one of us". How is that racist? This law stops the society to become divided into two factions of 'Us' vs. 'Irish' or 'Us' vs. 'Italians' or 'Us' vs. 'Iranians', etc. There have been several waves of people coming to US for whatever reasons; They are just making sure this doesn't happen again.
This per country cap law is very much like the tax code. If you change it to favor one class of people, you end up screwing everyone else. The current immigration law favors me, so I am happy. It doesn't favor you, so you are (understandably) unhappy. Calling me racist and trying to chase me out of IV is not going to solve your problem.
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gc_on_demand
11-12 10:10 AM
We should do something like this ..
I hear Pelosi is asking for Lameduck session next week. Also heard somewhere that in order to start Lameduck session on any monday they need to send invitation to lawmakers by mid of week earliar than that monday. Haven't read so far that they will do lameduck for sure.
Pelosi is relying on Bush to give assurance that he will sign bailout for auto makers.
Anyway.. in any case if there will be session in Nov then we should see solid news 3-4 days before it. Once we get confirmed news about Lameduck session
(1) Senior members or Admins can contact Zoe's Office and find out if she is willing to push for HR 5882. If she says no and wait for some time then we can go to media awareness route and wait for some time.
(2) If she agrees I will make a list of all members of Judiciary committee whom we can start calling.
(3) Also we can have list of member of house and senate whom we can call.
(4) Meanwhile we will start a new funding drive along with call campaign. People will be motivated to donate if they see some movement. If we ask for money right now even 1 or 5 USD no one will donate it but once they see some movement people starts giving money.
(5) IV core team can ask support from competeamerica and other group.
(6) Other members who are in media industry can make awareness in media about our case with housing crisis.
I hear Pelosi is asking for Lameduck session next week. Also heard somewhere that in order to start Lameduck session on any monday they need to send invitation to lawmakers by mid of week earliar than that monday. Haven't read so far that they will do lameduck for sure.
Pelosi is relying on Bush to give assurance that he will sign bailout for auto makers.
Anyway.. in any case if there will be session in Nov then we should see solid news 3-4 days before it. Once we get confirmed news about Lameduck session
(1) Senior members or Admins can contact Zoe's Office and find out if she is willing to push for HR 5882. If she says no and wait for some time then we can go to media awareness route and wait for some time.
(2) If she agrees I will make a list of all members of Judiciary committee whom we can start calling.
(3) Also we can have list of member of house and senate whom we can call.
(4) Meanwhile we will start a new funding drive along with call campaign. People will be motivated to donate if they see some movement. If we ask for money right now even 1 or 5 USD no one will donate it but once they see some movement people starts giving money.
(5) IV core team can ask support from competeamerica and other group.
(6) Other members who are in media industry can make awareness in media about our case with housing crisis.
more...
pappu
07-24 10:56 AM
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
Abhinaym
07-03 11:16 AM
Taking a benefit of one group, then distribute the pain across the board is not fair to ROW applicants. This is not the solution. You cannot say to us ROW people that we don't understand the fustration of waiting for our GC as well.
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.
The point is to not 'distribute pain', it is to reduce the pain of a group.
Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.
So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.
Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.
The point is to not 'distribute pain', it is to reduce the pain of a group.
Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.
So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.
Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!
more...
champu
03-09 03:07 PM
Eb2-i : 15-feb-04
eb3-i: 01-nov-01
Wondering who was doing GC during Nov 2001 time frame? Why the dates have not moved to 2003 when economy started showing signs of recovery? Do we have folks with PD for the last quarter of 2001.:confused:
One more point...
People looking for GC sponsoring employer may want to talk to these evergreen companies...;)
eb3-i: 01-nov-01
Wondering who was doing GC during Nov 2001 time frame? Why the dates have not moved to 2003 when economy started showing signs of recovery? Do we have folks with PD for the last quarter of 2001.:confused:
One more point...
People looking for GC sponsoring employer may want to talk to these evergreen companies...;)
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feedfront
10-12 01:33 PM
feedfront
I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.
Please let me know.
Thanks,
Hi 'akilhere',
You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.
I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.
It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).
I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.
Please let me know.
Thanks,
Hi 'akilhere',
You should go for new medical report as last one is too old. For vaccinations, you can use your last report but for TB and other blood test, you should go for recent.
I'm not sure whether RFE would be for medical report. In my case, my civil surgeon was not in USCIS's current list of authorised civil surgeons and somehow, my x-ray report was missing from report also.
It may be EVL. In either case, it is easy work as you have not changed your employer (no AC-21 issue).
more...
nojoke
09-17 08:28 PM
Goldman Sachs is next. Then WaMu + there will be bank runs. It doesn't look good. We will probably see car makers in line. Home builders will be next. Dell, HP is laying off. We are totally sc----d. We have no hope of GC. We will be lucky to hold on to our jobs.:(
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Imm_Exploited
03-16 11:19 PM
Dear amsgc,
Just want to compliment you for your much balanced and cool response.
IE
Well, the fuss is not just about the wait - it about the seemingly interminable wait. Why should there be a wait of 5-6 years to get a green card, when you can get EAD in less than 3 months, or a visa to work in less than 2 weeks?
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
Just want to compliment you for your much balanced and cool response.
IE
Well, the fuss is not just about the wait - it about the seemingly interminable wait. Why should there be a wait of 5-6 years to get a green card, when you can get EAD in less than 3 months, or a visa to work in less than 2 weeks?
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
more...
desi3933
02-01 08:03 AM
Thank you very much for the response. I sent you a PM.
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> Thank you very much for the response. I sent you a PM.
I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> Thank you very much for the response. I sent you a PM.
I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.
____________________
Not a legal advice.
US Citizen of Indian Origin
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singhsa3
03-05 04:04 PM
Good observation and thats why even though the sample size is small but it may be representative of the community.
going back to the poll. its really interesting to see that the percentages have remained in the ballpark since the poll started.
around 50+% of us will buy a house if ead cap is eliminated or we get gcs
around 35% have already taken the plunge
around 5% will never buy a house.
going back to the poll. its really interesting to see that the percentages have remained in the ballpark since the poll started.
around 50+% of us will buy a house if ead cap is eliminated or we get gcs
around 35% have already taken the plunge
around 5% will never buy a house.
more...
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desidude
09-26 11:47 AM
I just sent an email to the editor... hope these mails open their eyes and they repost the correct article... :D
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hiralal
06-08 10:19 PM
You might get your GC while you are at the retirement home....
that seems to be the idea. I meet lot of senior retired people from India ..they say they got their GC's at the age of 60 (through family) ..they get so bored and disappointed that they just go back and give up their GC's ..so yes I agree, think that you are on temporary visa, earn as much as you can and have 1 suitcase packed and ready to leave.
that seems to be the idea. I meet lot of senior retired people from India ..they say they got their GC's at the age of 60 (through family) ..they get so bored and disappointed that they just go back and give up their GC's ..so yes I agree, think that you are on temporary visa, earn as much as you can and have 1 suitcase packed and ready to leave.
more...
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pappu
02-01 10:17 AM
Thank you for registering with Immigration Voice for the advocacy efforts in Washington DC. Your participation in such efforts will help tremendously in bringing about the positive changes we seek.
Many of you may have questions regarding the advocacy event. To answer your questions, we are holding a conference call this weekend. An email was sent out to confirmed members today (Mar 24) with the subject line: IMPORTANT: IV Advocacy Conf Call Info. Please check your email for the conference call details and other important information.
The conference call in number and details cannot be made public.
Thank you.
Many of you may have questions regarding the advocacy event. To answer your questions, we are holding a conference call this weekend. An email was sent out to confirmed members today (Mar 24) with the subject line: IMPORTANT: IV Advocacy Conf Call Info. Please check your email for the conference call details and other important information.
The conference call in number and details cannot be made public.
Thank you.
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chintu25
09-10 10:45 AM
You can view the proceeding live at
http://judiciary.house.gov/hearings/calendar.html
http://judiciary.house.gov/hearings/calendar.html
more...
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JazzByTheBay
09-26 10:17 AM
That's what Ron Hira said would happen - by aligning with Compete America, we do run the risk of getting the IV message obfuscated.
http://morejazzbythebay.wordpress.com/2007/09/18/experts-tech-companies-h1b-visa-demands-could-obscure-immigrationvoices-more-specific-call-for-green-cards/
jazz
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
http://morejazzbythebay.wordpress.com/2007/09/18/experts-tech-companies-h1b-visa-demands-could-obscure-immigrationvoices-more-specific-call-for-green-cards/
jazz
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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go_gc_way
12-28 11:50 PM
Anybody tried timesof India?
I have posted there a classified in timesofindia. How to make it stand out in thousands of classifieds?
FOLKS, PLEASE EACH POST A CLASSIFIED IN A WEB SITE ... AS Pappu has urged every one, this will help 'all of us' have more members and ease our efforts. Today we are crawling to gather the required funds, only if we had many more members , it will solve all problems .. and posting free classifieds is penny less.
perm2gc , that's right, all IV members need send a new year gift to IV core team by posting a classified in a web site that they know regionally or any other web sites that are useful to get more members .. I will change the the name of the thread as such.
Folks please participate more actively OR come up with new ideas that can help 'us'.
I have posted there a classified in timesofindia. How to make it stand out in thousands of classifieds?
FOLKS, PLEASE EACH POST A CLASSIFIED IN A WEB SITE ... AS Pappu has urged every one, this will help 'all of us' have more members and ease our efforts. Today we are crawling to gather the required funds, only if we had many more members , it will solve all problems .. and posting free classifieds is penny less.
perm2gc , that's right, all IV members need send a new year gift to IV core team by posting a classified in a web site that they know regionally or any other web sites that are useful to get more members .. I will change the the name of the thread as such.
Folks please participate more actively OR come up with new ideas that can help 'us'.
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karanp25
07-14 06:23 PM
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?
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?
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?
gandhig
03-17 12:45 PM
EB3 - PD Nov 2004
EAD - July 2007; FP done
Masters degree from US but employer filed under EB3
EAD - July 2007; FP done
Masters degree from US but employer filed under EB3
ak27
01-22 06:10 PM
I do not believe anyone has called yet... Please go ahead make calls to sentators. Core memebers were also suggesting that we get in touch with Congressmen/Congresswomen.
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