logiclife
06-25 06:36 PM
Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.
Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.
Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Thanks.
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.
Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.
Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Thanks.
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EB3June03
06-23 10:31 AM
Thanks for the reply arkanand,
I talked to multiple doctor's and they said that the reason why the test is NOT done again is that they know it is going to be positive (so why do it). Instead they go to the 2nd step (Chest X Ray).
They also mentioned that for documentation purpose if you have to get it done, just go for it. So, looks like i will be going for getting the test done 3rd time like arkanand. I too just want to finish this paper work and get done with.
I tried getting the documentation from a NY Hospital where I was working in 1998. They sent the doctor the Radiology report mentioning the X Ray was clear. I don't see any size indications of the PPD testing. I either have to get back to them to send me the PPD size after testing or forget it and go for a test. So, I think I am going to get the test done. Luckily, I don't have to get the X Rays done as I just got one done in Jan 2009 (and the civil surgeon wanted the copy of those reports).
Conclusion:- What I learnt from this experience is that try to keep as much paper work of tests that have been done, so that when needed you can show it to the doctor and NOT get un-needed testing done plus is saved us hazzles of time/money/insurance to get these tests done.
I talked to multiple doctor's and they said that the reason why the test is NOT done again is that they know it is going to be positive (so why do it). Instead they go to the 2nd step (Chest X Ray).
They also mentioned that for documentation purpose if you have to get it done, just go for it. So, looks like i will be going for getting the test done 3rd time like arkanand. I too just want to finish this paper work and get done with.
I tried getting the documentation from a NY Hospital where I was working in 1998. They sent the doctor the Radiology report mentioning the X Ray was clear. I don't see any size indications of the PPD testing. I either have to get back to them to send me the PPD size after testing or forget it and go for a test. So, I think I am going to get the test done. Luckily, I don't have to get the X Rays done as I just got one done in Jan 2009 (and the civil surgeon wanted the copy of those reports).
Conclusion:- What I learnt from this experience is that try to keep as much paper work of tests that have been done, so that when needed you can show it to the doctor and NOT get un-needed testing done plus is saved us hazzles of time/money/insurance to get these tests done.
anandrajesh
09-21 04:52 PM
Point 2 in ur post is in the agenda. Ability to File 140/485 even if the dates are not current. Looks like this will be the least controversial of all things we can ask for, but will solve majority of our issues. This one thing doesnt ask for any EB numbers increase, doesnt look for H1 B increase and doesnt ask for anything that will have our opposition groups jumping up and down
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chanduv23
08-03 11:48 PM
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
more...
pbojja
03-30 11:24 PM
Congratulations....
A couple of questions, which could everybody in analysis
- Did you use EAD ?
- Did you use AC21 ?
Thanks
Thank you all.. I did not use EAD or AC21
A couple of questions, which could everybody in analysis
- Did you use EAD ?
- Did you use AC21 ?
Thanks
Thank you all.. I did not use EAD or AC21
americandesi
04-06 01:31 PM
Refer http://www.murthy.com/pr_thngs.html and search for
"It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."
As suggested by "Optimystic", any time between 6 to 12 months should be ok.
"It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."
As suggested by "Optimystic", any time between 6 to 12 months should be ok.
more...
satishku_2000
05-24 10:07 AM
Here is my case:
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM
How many points will i get??
you may get 100 points it does not matter, We are still going to have country caps ...
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM
How many points will i get??
you may get 100 points it does not matter, We are still going to have country caps ...
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walking_dude
10-25 01:57 PM
Guys, I couldn't reply to you all earlier , here, as I was busy with my job and personal chores.
Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)
Here's our new Secure and Trusted Yahoo group
http://groups.yahoo.com/group/ivmi
Here's the latest
1) We are getting our group registered as Official on IV (details sent to IV)
2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)
3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.
4) Others, please provide the following details while requesting to join the group.
A) FULL NAME
B) IV handle (N/A for non-members)
C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
D) City and Zip Code + 4
We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.
Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)
Here's our new Secure and Trusted Yahoo group
http://groups.yahoo.com/group/ivmi
Here's the latest
1) We are getting our group registered as Official on IV (details sent to IV)
2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)
3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.
4) Others, please provide the following details while requesting to join the group.
A) FULL NAME
B) IV handle (N/A for non-members)
C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
D) City and Zip Code + 4
We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.
more...
GotGC??
03-27 12:03 PM
And this "attorney" was actually paid for filing this PERM application?
The educational requirements specified in the PERM may give you some room to wriggle out of this.
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
The educational requirements specified in the PERM may give you some room to wriggle out of this.
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
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bestia
08-08 09:08 PM
...you can also consider getting married :) which will open up more options for you
... as well as closing down many other... ;)
... as well as closing down many other... ;)
more...
nirenjoshi
01-17 08:53 AM
I had the same problem.. That you can file for ITIN only when filinf tax return. But the lady at the IRS office told me that if your spouse's name is added to an interest bearing account - say for example your savings bank account. Then IRS is required to assign an ITIN number to your spouse. There is a place to select the reason why you need the ITIN, on the form. You will need a letter from the bank that this person has an interst bearing account with us.. Thats all I sent and got the ITIN number for my wife.
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hary536
05-19 03:17 PM
Hello Pappu, can you please move this post to the "Ask a Lawyer" forum. I intended to post it under that forum. But i think due to duplication you moved it to the other forum. Pls, post it to Attorney forum. I really need some advise in this case. Thanks.
more...
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iq5203
01-20 07:10 PM
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
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belmontboy
11-16 10:27 PM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
more...
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dealsnet
03-19 11:49 AM
I think he mentioned 2005 fee as the fee for I-485 in 2005 (old fee structure). Not the check date of 2005. Let him clarify.
Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.
Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.
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fittan
03-18 12:24 PM
GCBalak,
1) Anyone can start a company...just called the IRS, get an EIN number and then go your state office to establish the LLC or other entities. However, if you're on H1 or H4 status...you CANNOT be an active partner. This means that you CANNOT receive any forms of INCOME. Profit distribution during tax filing ok. GotFreedom...you're not receiving a salary are you?
2) Hence, it is "better" to partner with someone who can legally work. In case of an audit, you can claim that you're the silent partner and the other partner does all the work.
Fittan
1) Anyone can start a company...just called the IRS, get an EIN number and then go your state office to establish the LLC or other entities. However, if you're on H1 or H4 status...you CANNOT be an active partner. This means that you CANNOT receive any forms of INCOME. Profit distribution during tax filing ok. GotFreedom...you're not receiving a salary are you?
2) Hence, it is "better" to partner with someone who can legally work. In case of an audit, you can claim that you're the silent partner and the other partner does all the work.
Fittan
more...
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Ann Ruben
07-17 09:32 PM
misdemeanors can be CIMT's if they involve theft or dishonesty. a single misdemeanor might qualify under the petty offense exception, but because your son now faces a second conviction, the petty offense exception won't apply. One question: are you a naturalized US citizen? If so, your son might actually be a US citizen as well.
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Dhundhun
08-29 03:44 PM
...they want to distribute them judiciously.
USCIS ... judiciously???
LOL
USCIS ... judiciously???
LOL
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aaaa4321
08-31 03:02 PM
Thanks to all of you for explaining the real thing.
lazycis
10-05 09:03 PM
Your H1-B does not matter. What matters is LC for your I-140. It sounds like you want to use AC21 portability. EAD allows to work for any employer(s), but you have to make sure your I-140/I-485 is intact.
meyshimmi
02-09 11:07 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
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