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  • hpandey
    11-11 11:14 AM
    Look at the bright side buddy . It is definitely something to look forward to and provides hope that you might get the magic email of getting your GC any day. Of course three year H1 extension and two year EAD is the problem but you are looking on the wrong side. If you get the GC neither will you need the H1 nor the EAD.

    And I don't think you are thinking about the money wasted by just having a 1 year H1 and EAD because I am sure you will get your GC in the next one year at least . Cheer up. Things could be worse ( you could be EB3 - 2008 ! )





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  • murkal4
    08-25 03:29 PM
    got similar RFE
    for application original signature
    identity documents

    i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
    and sent it.

    they received my response but havent updated my case yet...waiting for it..

    please let me know anyone else has similar issues and what was the result..





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  • wandmaker
    09-17 11:13 PM
    Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

    1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

    2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.

    Take infopass, go with your welcome notice, get 551 stamp - it will allow you to travel until you get the physical card. Usually, 551 stamp is valid 1 year from the date of stamping.





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  • BeCoolGuy
    04-02 03:05 PM
    Oh well, here you go:

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=4651055651

    This is the process u may follow -

    1) Hope DOL/USCIS does not know this.

    2) over the long run - File WH4 form at DOL. Or else they may revoke your I-140 even after approval. That will help you save your status incase DOL comes after. Very important to do, Form will collect many scary details about you (H-1B Nonimmigrant Information), but it is necessary for you to be safe.

    3) Using the fact that you filed WH4, you can switch employers, without paystubs.

    4) Follow up hard with employer. He should know that this is not legal.

    Keep us posted.

    Goodluck



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  • sweet_jungle
    12-04 02:15 PM
    Interesting, looks like all these cases got approved ??

    This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers

    There were mainly 2 issues faced:

    1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
    The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.

    2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.

    So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.





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  • gsc999
    11-17 04:09 PM
    I do not think that the nuclear deal with India belongs at the Green Card retrogression part, unless this is a site for Indians only.
    --
    I am Indian too but I have to agree this post doesn't belong here.
    Diverts attention and divides members.



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  • vinzak
    06-16 12:10 PM
    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.





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  • BeCoolGuy
    04-16 04:29 PM
    Stay on H1B. Renewal does not have any such strict health checks or anything required. Use EAD as a backup only!



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  • PD_Dec2002
    05-22 08:21 AM
    Please correct me if I am wrong, but the Hammond Law Group (HLG) was hired by IV for its lobbying efforts, correct? What does HLG have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?

    Would be interesting to get their point of view...

    Thanks,
    Jayant





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  • grupak
    02-06 05:48 PM
    Job duties and same/similar job functions will be deciding factor. If your GC is for Programmer Analyst and if you become manager as Assets Manager, it will be an issue. If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...

    Bottomline, dont leave development even if you become manager.

    Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.



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  • pappu
    10-24 01:41 PM
    It may be better to contact Judy Woodruff, who is driving this whole program at Yahoo. I remember seeing Judy as a former CNN anchor (quite a prominent one).

    Judy may be the link to other possibilities for IV.
    http://www.nndb.com/people/805/000050655/

    Pappu?
    Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.





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  • n2b
    04-18 04:42 PM
    the main grey area for n2b is --



    but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.



    See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!

    So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?



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  • Administrator2
    07-07 08:05 PM
    mbawa,

    We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.

    IV Team





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  • ata1234
    07-14 12:22 PM
    Receipt Number: lin0720551219

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice .

    Whoever it is, they are lucky! All the best!!



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  • vamsi_poondla
    09-10 10:45 AM
    All,
    I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

    H1-B improvements:

    1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
    2) Remove lottery system of awarding visa. In stead use the following method:
    a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
    b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
    c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
    d. The application received is CP is assigned available visa as follows:
    i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
    ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
    iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
    3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
    a. New LCA is required every year and when consultant changes the client.
    b. New LCA must be based on the client�s job and experience requirement.
    c. H-1B applicant must be paid based on LCA.
    d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.

    Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.

    I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.





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  • BECsufferer
    02-11 07:45 PM
    Please don't go with my above comment. That was in lighter mood. But what do you guys think about another round of Gandhigiri campaing?

    Last one worked quite well. Kudos to those to made it success.



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  • andy garcia
    10-19 10:03 AM
    I don't have an A#? Where can i find that.
    If you got EAD and AP. You must have filed a 485 also.
    Check there





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  • catchagarwal
    05-04 05:30 PM
    There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.





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  • pd_recapturing
    10-19 10:02 AM
    Actually sometime when you talk to IO, they tell you all the receipt numbers including I-140. It happened with me once. I was inquiring about my I-485 receipt notices and the IO started telling me all the cases , I have filed so far. I guess, when they pull informaton based in your DOB and name, they are able to see everything. At this time, you can request them the RN of I-140. There are bright chances that you get the I-140 information.





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    gbof
    06-03 06:35 PM
    Sorry... I thought he was a genuine person who turned to IV for help. Anyways, I didnt tell him anything illegal.

    For how long AOS primary applicant can be job-less?