LONGGCQUE
06-18 09:24 AM
Gurus/Experts,
First of all, thanks for your time and any suggestions you can provide for me to handle my case.
Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs
Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.
Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.
Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.
Thanks again for your time.
First of all, thanks for your time and any suggestions you can provide for me to handle my case.
Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs
Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.
Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.
Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.
Thanks again for your time.
wallpaper Other MTT Y2K Turbine added by
aquarian
10-17 06:02 PM
Not everyone forgot. Check out Bing (http://www.bing.com) or Bing (http://www.live.com).
Aah_GC
06-13 07:51 PM
I think it's fairly common. So don't worry about it too much.
2011 up..on his JET BIKE.
summitpointe
04-22 08:03 AM
You have used EB2 substitution labor. For EB2 you should have Masters degree or min 5yrs of work experience. Talk with your Attorney and try to get atleast 5 years of work experience certificate from your previous employers and try to match up with the labor. Open an MTR and it may help you. When you open an MTR your case will be in pending status and you can get a H1B extension based on approved labor. After getting your H1B extesnion apply for PERM labor ASAP. Then you will not have any problem.
more...
aranya
10-14 10:07 PM
who said anything about India or transiting in India??
see "nocomment"'s advice earlier
see "nocomment"'s advice earlier
felix31
07-01 05:38 PM
friends,
i missed the live broadcats... is there a link to a recorded show we can listen to...???
anxious to hear how did it go!!
i missed the live broadcats... is there a link to a recorded show we can listen to...???
anxious to hear how did it go!!
more...
PavanV
02-08 12:23 PM
Thanks for posting a very relevant question, I am in a very similar situation, my labour has not yet been approved (was applied in July 09'), i think 2010 is a defining year of immigration drain.
2010 Y2K Turbine Superbike
invincibleasian
02-08 03:17 PM
Dude....
You want to see the March VB:) ?
Why waste time? Just look at Feb VB..it will be the ditto copy n paste.
The lazy html programmer might have already cut it by now. He will take 3 days to paste it into a new page. After all that 'hard work', he will bring out a broken link on the 4th day.
Really getting tired of this monthly ritual!
The fun lies in the anticipacation for a forward movement! Its like the first thing you want to make sure to atrt your month!
You want to see the March VB:) ?
Why waste time? Just look at Feb VB..it will be the ditto copy n paste.
The lazy html programmer might have already cut it by now. He will take 3 days to paste it into a new page. After all that 'hard work', he will bring out a broken link on the 4th day.
Really getting tired of this monthly ritual!
The fun lies in the anticipacation for a forward movement! Its like the first thing you want to make sure to atrt your month!
more...
viva
11-30 07:02 PM
Guys,
The reality is that we are just being played upon by the companies and the US govt regarding green cards. Employers know that we are not going to budge from our jobs to maintain the coveted priority date and the government is in no big hurry to reform the system as they can collect taxes from us without being accountable to us.
I think Democrats are also going to drag the immigration issue as seen by the article below :
http://www.suntimes.com/news/otherviews/151357,CST-EDT-Perez28.article
I do not mean to doubt IV, but the writing is on the wall that our lobbying efforts are not going to go too far.
For all of you single people out there, the only fastest option is to marry a US girl/guy. For all those who are married, the choices are simple, forget the American dream and adopt a Canadian or Australian dream or endure the uncertainty of a green card application.
I have reached the conclusion that I cannot bear this uncertainty any more and therefore, I am pursuing other options. Ciao...Good luck to all those waiting for a GC!
The reality is that we are just being played upon by the companies and the US govt regarding green cards. Employers know that we are not going to budge from our jobs to maintain the coveted priority date and the government is in no big hurry to reform the system as they can collect taxes from us without being accountable to us.
I think Democrats are also going to drag the immigration issue as seen by the article below :
http://www.suntimes.com/news/otherviews/151357,CST-EDT-Perez28.article
I do not mean to doubt IV, but the writing is on the wall that our lobbying efforts are not going to go too far.
For all of you single people out there, the only fastest option is to marry a US girl/guy. For all those who are married, the choices are simple, forget the American dream and adopt a Canadian or Australian dream or endure the uncertainty of a green card application.
I have reached the conclusion that I cannot bear this uncertainty any more and therefore, I am pursuing other options. Ciao...Good luck to all those waiting for a GC!
hair this ike tips the scales
test101
10-05 01:18 PM
how do you know if your name is in name check? or stuck in name check ?
is there a phone number to check if a person has been cleared or not?
thanks.
is there a phone number to check if a person has been cleared or not?
thanks.
more...
tonyHK12
03-31 11:43 AM
done! great Initiative
.
.
hot ATV, Jet Ski amp; Snow mobile
americandesi
04-23 02:43 PM
I think we are confusing multiple issues here. Once the 6 month period is over where the I-140 is approved and the I-485 is pending for 180 days it does NOT matter if the employer revokes the I-140 or not. You are good to go! (Unless ur a classified terrorist or a criminal).
United Nations is right. Let’s say that there’s an employee with an approved I-140 + pending I-485 who switches his job using AC21 after 180 days. Now there are 2 possibilities here
1) Employer revokes I-140 (AC21 applicable here)
2) USCIS revokes I-140 (AC21 not applicable here)
Employer revokes I-140: In this case unless the employee had filed AC21 papers, I-485 is most likely to be denied as USCIS doesn’t have any record that the beneficiary still has similar or same job offer. Hence its advisable to file AC21 well in advance in such situations.
USCIS revokes I-140: At times USCIS might revoke a previously approved I-140 if the employer fails the “Ability to pay” test for all pending GC applications. This is more dangerous as the bonafide nature of the previous I-140 approval is in question now. Refer one of my old threads below on this topic.
http://immigrationvoice.org/forum/showpost.php?p=230209&postcount=9
Such a situation can be avoided if the employer himself withdraws the I-140’s of ex-employees so that he’s no longer burdened to prove ATP for all pending GC applications.
United Nations is right. Let’s say that there’s an employee with an approved I-140 + pending I-485 who switches his job using AC21 after 180 days. Now there are 2 possibilities here
1) Employer revokes I-140 (AC21 applicable here)
2) USCIS revokes I-140 (AC21 not applicable here)
Employer revokes I-140: In this case unless the employee had filed AC21 papers, I-485 is most likely to be denied as USCIS doesn’t have any record that the beneficiary still has similar or same job offer. Hence its advisable to file AC21 well in advance in such situations.
USCIS revokes I-140: At times USCIS might revoke a previously approved I-140 if the employer fails the “Ability to pay” test for all pending GC applications. This is more dangerous as the bonafide nature of the previous I-140 approval is in question now. Refer one of my old threads below on this topic.
http://immigrationvoice.org/forum/showpost.php?p=230209&postcount=9
Such a situation can be avoided if the employer himself withdraws the I-140’s of ex-employees so that he’s no longer burdened to prove ATP for all pending GC applications.
more...
house yaratıcı
chanduv23
09-19 12:43 AM
Yes, it was amazing effort.
I am glad that I was a part of it.
Thanks to everyone who came and to everyone who wholeheartedly supported the rally though they were not able to attend.
I am glad that I was a part of it.
Thanks to everyone who came and to everyone who wholeheartedly supported the rally though they were not able to attend.
tattoo jet-ike.jpg. 【GoodPic.Com】
kumarc123
11-24 10:31 AM
Listen,
What difference does it make if it is EB@ or EB3, the point is, we should stand UNITED we all benefit. If the recapture visa bill passes, then we all will benefit.
Please don't post any more viewpoints stating " I wont fight"
It is your loss and everyone's . If you choose to step out of IV and fight all by yourself, I wish you all the best.
We senior members have been fighting for the greater cause, it for you junior members to carry this forward. The foundation of IV has to be strong, it has been strong.
IV has not patience for people who want to discriminate between EB2 or EB3, we need people who see a broader perspective of things, EB community as a whole.
If the recapture visa bill passes, think we all will benefit, will we still question about EB2 or EB3.
Please be wise and be patient, we need everyone to change this system
What difference does it make if it is EB@ or EB3, the point is, we should stand UNITED we all benefit. If the recapture visa bill passes, then we all will benefit.
Please don't post any more viewpoints stating " I wont fight"
It is your loss and everyone's . If you choose to step out of IV and fight all by yourself, I wish you all the best.
We senior members have been fighting for the greater cause, it for you junior members to carry this forward. The foundation of IV has to be strong, it has been strong.
IV has not patience for people who want to discriminate between EB2 or EB3, we need people who see a broader perspective of things, EB community as a whole.
If the recapture visa bill passes, think we all will benefit, will we still question about EB2 or EB3.
Please be wise and be patient, we need everyone to change this system
more...
pictures thrown in some jet ski to
jliechty
June 12th, 2004, 10:32 PM
saw this one too..
Fugi S2 PRO..
what you think of this one ???? also ...
Fuji S2 Pro review by Thom Hogan (http://www.bythom.com/fujis2.htm) (but he has a slight bias to Nikon ;))
Fugi S2 PRO..
what you think of this one ???? also ...
Fuji S2 Pro review by Thom Hogan (http://www.bythom.com/fujis2.htm) (but he has a slight bias to Nikon ;))
dresses Y2K Gixxer600, Full Yosh,
kothari_rupesh
08-14 10:22 AM
What???? without checks cashed you got Receipt?
Are you sure? Did you put your checks or attorney used his?
They may have been deposited, but I havent seen it clear off of my account yet, or my bank may be slow, but I do have another friend who is in the same scenario, I am guessing it should clear off my account today though.
Are you sure? Did you put your checks or attorney used his?
They may have been deposited, but I havent seen it clear off of my account yet, or my bank may be slow, but I do have another friend who is in the same scenario, I am guessing it should clear off my account today though.
more...
makeup Y2K Superbike 2002
EkAurAaya
11-30 10:31 PM
to file a new set of 485s for the new current PD when two individuals have pending 485s and a A# assigned.
The great ways of USCIS.
Anilsal.. it is perfectly fine and allowed to have multiple AOS application, and in many ways common too... a friend of mine had his EB 485 pending, he then got married to a US citizen... he had to file another AOS to get GC through marriage.
Sometimes people have FB AOS pending and they apply EB AOS.... so this was nothing out of the ordinary.
The A# is used to merge the applications. So there are no open cases if one is approved... hope this makes sense.
The great ways of USCIS.
Anilsal.. it is perfectly fine and allowed to have multiple AOS application, and in many ways common too... a friend of mine had his EB 485 pending, he then got married to a US citizen... he had to file another AOS to get GC through marriage.
Sometimes people have FB AOS pending and they apply EB AOS.... so this was nothing out of the ordinary.
The A# is used to merge the applications. So there are no open cases if one is approved... hope this makes sense.
girlfriend I#39;ve ridden that ike and it
akela_topchi
08-07 11:31 PM
I fully agree with the intent of this thread..
Those who do not agree with IV agenda and want to run their own agenda here are free to create their own forum and pursue their agenda there.
Everyday people come up with different divisive agenda. Enough is enough...
We cannot take it anymore...
Founders of IV and those who believe in IV don't do it just for themselves. We are fighting for betterment and for the relief of the whole community.
We should challenge those who divide us - whether they are outsiders or insiders. If insiders don't believe in our mission, they are no longer insiders. They are outsiders and dealt with the way we will deal with anyone from NumbersUSA trying to divide us... If banning such people works, I am all for it!
Let them go and start their own groups.. lawsuits and civil action or whatever...
If people are here to divide, we are no longer going to be silent spectators.
Enough is enough!
We stand united in our fight for relief to IV community.
Those who do not agree with IV agenda and want to run their own agenda here are free to create their own forum and pursue their agenda there.
Everyday people come up with different divisive agenda. Enough is enough...
We cannot take it anymore...
Founders of IV and those who believe in IV don't do it just for themselves. We are fighting for betterment and for the relief of the whole community.
We should challenge those who divide us - whether they are outsiders or insiders. If insiders don't believe in our mission, they are no longer insiders. They are outsiders and dealt with the way we will deal with anyone from NumbersUSA trying to divide us... If banning such people works, I am all for it!
Let them go and start their own groups.. lawsuits and civil action or whatever...
If people are here to divide, we are no longer going to be silent spectators.
Enough is enough!
We stand united in our fight for relief to IV community.
hairstyles i realized yk ike , vans
tnite
07-19 09:29 AM
Unless you want a RFE get a new affidavit. It might take a day or 2 to get it from India but its worth it.
my 2 cents..
my 2 cents..
Dhundhun
06-04 03:03 PM
Sorry to hear that case is gone to wrong office. The (c)(9)() class of EAD filing instruction is that it must be sent where I485 is being processed.
During infopass visit, officer must have given some clue.
If I were you, I would be sending the supporting documents with a covering letter stating the blunder. This type of mistake should not be uncommon to USCIS offices and they should have procedures to fix it.
During infopass visit, officer must have given some clue.
If I were you, I would be sending the supporting documents with a covering letter stating the blunder. This type of mistake should not be uncommon to USCIS offices and they should have procedures to fix it.
sbind_77
09-16 08:20 AM
Interesting. Why do they need FP now?
