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Is there anyone like my case - concurrently submitting 140 and 485 who submitted WITHOUT current employment letter ?


my friends lawyer also told the same no need for employment letter . if you have applied for i140

Chill guys just kidding no point getting worked up about all this.I know it's causing a lot of angst.The best course of action is to get back to our lives and let the chips fall as they may.

Can someone tell me how to close this thread.

Trust/Reliability and Desi Consulting companies are oxymorons.

About SRG America: Do google search for SRG America. Looks like a fraud company.

Bkarnik,
So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?

No more crossing into USA just based on saying you are a Citizen (oral declaration).

Starting from January 31, 2008 (two weeks from now), all citizens must carry passport or other kinds of acceptable ID's to enter into US border. This is also applicable US and Canadian citizen.

Following are acceptable documents/ID's for US/Canada citizens ages 19 and older.

1. USA, Canada passports
2. US passport card (available in the spring)
3. Trusted traveler card such as NEXUS, SENTRI or FAST
4. Secure driver's license
5. US military ID
6. US Merchant Mariner document
7. One of several IDs issued to Native Americans

So, proof of citizenship will be required for entry.

As usual, all other citizen must carry all required documents.

Source: USA Today January 18, 2008 news paper 3A page.

Tri-State and neighboring states, you can definitely make it to DC easily! What's stopping you? Let's go! Let's make the rally a historic event!!!! TOGETHER WE CAN!!!!

Tri-State, Tri-cities, Tri-Counties:D
lets all go to D.C!!!

Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.



You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351

Thanks for your reply. I appreciate your question. Let me explain you in details.
I am not sure about Mexican illegals but I can tell about Indian.

Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.

I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.

My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!

I remember Mahatma Ganghi's quotes:

" I can wait 100 years for freedom but don't want it through violent route"
khodalmd,

Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.

Here is a USCIS memo regarding 245(i)

http://www.uscis.gov/files/pressrelease/245i.pdf

Relevant portion:

"Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."

On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?

Everyone bring U.S. flags if you can!!! (ONLY U.S. Flags - thanks!!!)

Hi,
I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.

Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).

Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.

Please help. Thanks.:confused:

Sorry, I think I posted in wrong place.

I'm on L1B for Company A.
My visa, Petition, I-94 are expiring this September.
I was about to begin L1-B Extension.

Now I got news from company B that my H1B petition has been selected in Lottery..
(this is for COS from my L1B to H1B).

Can I go ahead with L1B extension work ?
I do not want to do this, if it will affect the H1 Petition approval.

Please help. Thanks.

Mirage, thanks a ton for taking this up and for amc for providing some very thoughtful analysis on the whole thing. I also appreciate the very critical comments from folks like senthil et. el. It is nice that you guys are criticizing the efforts right now so that we can tackle those issues and move forward.

I am seeing enough enthusiasm for this effort. Let us move forward with this.

I was there and am proud to be part of such dedicated individuals:) It was great to catch up with Aman, pappu, logiclife etc. Most of the congressmen's office I met were of the view that it is high time we come out in open and fight for our cause. One legal aide explained me how ignorant most of the lawmakers are when it comes to legal vs illegal immigrants. This rally will be an eyeopener for few of them for sure.

Those who missed, I can assure you that Immigration voice is moving in the right direction. With a leader like Aman and unrelenting individuals like Jay(logiclife) and Himanshu(pappu), we can hope to achieve great things.

For individuals who had to excuse themselves from the rally or from any contribution, my question is, when the high profile attorneys and lawmakers believe that we can make a huge impact, why, you being the beneficiary of the very cause and were able to file 485 because of IV's efforts, fail to understand that we could make a difference. It is high time you participate in this effort.

You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.

Jesus! Please, tone it down. She's come to this forum asking for help.

luvschocolates, most folks on this form are employment based immigrants i.e. have their application for green cards sponsored by multinational firms -- for which there's a due process. In your case, I'd say best, hire an immigration attorney ASAP. Most often they are well knowledgeable with ways of the USCIS. Good luck to you, and keep us posted.

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.

........ If you look at the data also you see this 'anomaly' where there is a big 'clump' of cases with PD jan/feb/march 2005.....

Might this because, more people than normal reported their numbers on during this period? Most of these folks were surprised by EB2 retrogression...just a thought.

However, i must say that your point sounds plausible.

Finally, notarized and faxed the letter today.

Pardon my ignorance and pls help me understand, how does PD impact the mass 485 applications sent July/August 2007?
I thought the PD is only relevant for being able to apply for 485 and didnt matter if your 485 application had been received. Am I wrong?

They have a habit of coming back and saying "According to the predictions in such and such Murthy bulletin... such and such happened" - always trying to prove their reliability and claim credits. They are just out there to increase the hits on their site. Someone on this thread was correct in saying that the letter should've come out jul 2nd or 3rd if she was really concerned.

IV was the first one to report of a potential good news. Rest all followed.

"Trustworthy Lawyer" is a an oxymoron!

At the risk of giving someone the idea of starting a new thread on dottiness (all sorts of stuff are popping up these days :)) - you can see your DI (dot index) by clicking "User Profile" at the top right of this page (assuming you are logged on to IV), and then clicking "User Control Panel", which opens the list of your dots w/o comments (I am yet to figure out the point system that comes with it). This does not tell you though who gave what, unless they announce themselves.

And I thank you for your vote of confidence on the relevance issue :)

Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.

No worries for you, if you were inadmissible they would not let you back into the country.