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pd_recapturing

02-27 08:47 AM

180 days are counted from RD of I-485 but its safer to count it from notice date to avoind any issues.

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willigetagc

09-07 11:16 AM

This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

If anyone has seen this already, my apologies...

http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



Hello All,

I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer

IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.

MC: I am ready to give right away.

IO: No your finger print images not at all visible. There is no way we can check your Criminal background.

MC: Is there any other alternate solution for this �? If so please advice.

IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.

MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information

IO: Sure�Make sure you submit with in 45 days. Thank you.

MC: Can I ask one question�?

IO: Sure�.

MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC

IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�

MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?

IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.

MCL: Oh that�s great�

IO: Yes it is�

MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.

IO: That�s good�You are all set to go now. Thank you.

Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.

-Sree


Hi Sree, which country immigration are you talking about ? :o
:D

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pappu

04-19 12:33 PM

This thread is being closed as posted earlier in the thread. There will be mini action items posted in future by leaders of this initiative. Please participate on those initiatives.

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mharik

01-06 02:11 PM

Hi ,

Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.

I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.

IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply

Thank you

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Be_Pragmatic

07-23 05:35 PM

It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.

Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.

OK, thanks much for your suggestion. I'll consult my attorney before plunging in.

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Thiru

09-23 04:02 PM

I got email notification through e-mail my AP approval on 4th sep 2009.Not yet received AP document by mail.The processing center is TSC.Anybody in the same situation?

My attorney Received Physical AP approval Document Today.

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vindas

06-14 04:05 PM

I have 3 yrs graduation and 2 year post graduation and one year diploma in computer application. I have 18 years IT experience. I am working in managerial level after filing AC21. But my lawyer says I am not eligible to file for EB2 labor and port from EB3 to EB2. So I am still waiting for my i-485 to be approved. Anyone have any clue if it can be possible to port to EB2.

Priority Date -Sept 2003
I-485 - Aug 2007
Filed 3rd EAD today.

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ArkBird

11-27 12:39 PM

I think labor substitution is no longer allowed.

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gc2

09-23 06:45 AM

bump...

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psvk

08-06 12:08 PM

Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

Congrats

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Rb_newsletter

01-07 08:36 PM

I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?


ImmInfo Newsletter: Required Supporting Documents: Birth Records (http://imminfo.com/News/Newsletter/2010-1/required_supporting_documents_birth_record.html)

Delayed birth certificates are also not considered as conclusive evidence of birth.

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neerajkandhari

10-05 09:29 PM

waiting for AP
july 2 filer

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green_card_curious

03-08 10:17 AM

This is EXACTLY the confusion. My case is explained below:

1. I am on H1-B - havent used my EAD yet
2. My wife has and is currently using her EAD though
3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.

So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...

Ideas? Suggestions? Examples?

Thanks,

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msyedy

02-12 01:57 PM

People,

Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?

Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.

something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.

COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ki Sawal Hai"

Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
So this is what i did

a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
b) forwarded the website info to a few of my collegues at work and told them what i did.

I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.

If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.

Hari

(IZZAT KI SAWAL) ... It is IZZAT KA SAWAL.
I am lazy and may be more lazy then anyone. Good to hear from a new enthusiastic person.

Your enthu will go away soon.

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Blog Feeds

02-25 07:20 PM

AILA Leadership Has Just Posted the Following:


http://3.bp.blogspot.com/_QZpVppv4FTs/S4SAxLd4wPI/AAAAAAAAAEo/E-XH7jwIW9c/s320/2010-02-23+Magnifying+Glass.jpg (http://3.bp.blogspot.com/_QZpVppv4FTs/S4SAxLd4wPI/AAAAAAAAAEo/E-XH7jwIW9c/s1600-h/2010-02-23+Magnifying+Glass.jpg)
By Eleanor Pelta, AILA First Vice President


The latest salvo in the war against H-1B workers and their employers (and this time, they�ve thrown L-1�s in just for fun,) is the Economic Policy Institute�s briefing paper by Ron Hira, released last week, which concludes that the practice of using H-1B and L-1 workers and then sending them back to their home countries is bad for the economy. While Hira�s findings are certainly headline-grabbing, the road that Hira takes to get there is filled with twists, turns and manipulations and simply lacks real data.


Hira starts with the premise that some employers use H-1B�s and L visas as a bridge to permanent residence, and some employers use those categories for temporary worker mobility. (His particular political bent is belied by his constant usage of the term �guest-worker status��a term that brings with it the politically charged connotations of the European guest worker programs for unskilled workers�for the practice of bringing H-1B�s and L�s in to the U.S. on a temporary basis.) After examining his �data,� he divides the world of employers into two broad categories:


� Bad guys (generally foreign employers, no surprise, or U.S. employers with off-shore companies in India) that bring in H-1B and L workers for temporary periods, exploit them, underpay them and send them home after they get training from the American workers whose jobs they will outsource when they return home
� Good guys (U.S. corporations �Hira uses the more genteel label, �firms with traditional business models�) that bring H-1B and L workers to the U.S., pay them adequate wages, and sponsor them for permanent residence, thereby effecting a knowledge transfer to American colleagues that is good for the economy


Hira�s tool, a statistic he calls �immigration yield,� is simply a comparison of H-1B and L usage and the number of PERM applications filed by the highest users of those visas. He essentially concludes that because the highest users of H-1B�s and L�s are Indian consulting companies, and these companies have only a minimal number of PERM�s certified, they are using H�s and L�s as cheap temporary labor. He is unable to explain away the high number PERM filings of one of the IT consulting companies, and so he addresses this anomaly by saying �part of the explanation might be that it is headquartered in the United States.�


There are too many things wrong with this analysis to list in this blog, but here are a just a few ways in which Hira�s study is problematic:




Hira�s clear implication is that companies that don�t sponsor H-1B�s and L�s for PERM are using these workers instead of more expensive American labor. He ignores that fact the H-1B program has rules in place requiring payment of the prevailing wage to these workers. But even worse, he has not presented any data whatsoever on the average wages paid to these workers. He also doesn�t address the expense of obtaining such visas. He simply concludes that because they are here temporarily, they are underpaid.



Hira makes the argument that companies who use H-1B and L workers as temporary workers generally use their U.S. operations as a training ground for these workers and then send then back to their home countries to do the job that was once located here. Again, this assertion is not supported by any real statistical data about, or serious review of, the U.S. activities of such workers, but rather by anecdotal evidence and quotes from news stories taken out of context.



With respect to the fact that the L-1B visa requires specialized knowledge and so would normally preclude entry to the U.S. for the purpose of gaining training, Hira cites and outdated OIG report that alleges that adjudicators will approve any L-1B petition, because the standards are so broad. Those of use in the field struggling with the 10 page RFE�s typically issued automatically on any specialized knowledge petition would certainly beg to differ with that point.



Hira clearly implies that American jobs are lost because of H-1B and L �guest workers,� but has no direct statistical evidence of such job loss.

The fact is that usage of H-1B and L visas varies with the needs of the employer. Some employers use these programs to rotate experienced, professional workers into the United States and then send the workers abroad to continue their careers. Some employers bring H-1B�s and L�s into the U.S. to rely on their skills on a permanent basis. Judging from the fraud statistics as well as DOL enforcement actions, the majority of employers who use H-1B workers pay these workers adequate wages and comply with all of the DOL rules regarding use of these workers, whether the employers bring them in for temporary purposes or not. By the same token, the minority of employers who seek to abuse H and L workers may well do so, whether they intend to sponsor them for permanent residence or not. Indeed, arguably, the potential for long-term abuse is much worse in the situation in which a real �bad guy� employer is sponsoring an employee for a green card, because of the inordinate length of time it takes for many H-1B and L workers to obtain permanent residency due to backlogs.


Hira does make that last point, and it is just about the only one we agree on. Congress needs to create a streamlined way for employers to access and retain in the U.S. foreign expertise and talent, without at 10-15 year wait for permanent residence. But our economy still needs the ability for business to nimbly move talent to the U.S. on a temporary basis when needed, or to rotate key personnel internationally. In a world where global mobility means increased competitiveness, Hira�s �statistics� simply don�t support elimination of these crucial capability.https://blogger.googleusercontent.com/tracker/186823568153827945-6000198492670312275?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2010/02/epis-latest-study-of-h-1b-and-l-usage.html)

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nivasch

05-26 07:46 AM

Thank you Team IV, QGA & Staffers of various Senators, for all your efforts.:)

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satyasrd

06-01 09:31 AM

I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !

Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.

For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."

Can IV help pass this request on Advocacy days?

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Ramba

03-26 11:42 AM

There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.

Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.

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abhijitp

12-31 04:12 PM

Happy 2nd Anniversary IV!

Finding you (and NOT being able to apply for I-485) was my biggest achievement in 2007!

On this day... let us all pledge to working so hard that "retrogression" is history before IV turns 3!

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gccovet

07-15 04:26 PM

Regarding first point,
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .

HTH
GCCovet

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manishcp

10-03 11:26 AM

To: All
I have same thing "UNKNOWN"
What are the steps are you guys taking to resolve this problem?

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