leoindiano
07-09 11:55 AM
Upgraded to premium processing on June 19th. No news so far....No update on uscis website whatsoever....
Anybody in same boaT?
Anybody in same boaT?
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vinkrish
10-07 05:55 PM
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
krish2005
11-09 03:42 PM
Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.
Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).
Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.
This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.
Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.
Hope that I have submitted a informative post here.
Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).
Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.
This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.
Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.
Hope that I have submitted a informative post here.
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adiboss007
06-07 10:52 PM
http://ashwinsharma.com/2007/06/03/nasscom-statement-on-the-h1b-program.aspx
more...
ameryki
02-29 01:50 PM
Receipts usually sends to Attorney, who represent your case, if you signed G-28 form. You only get Notice for FP, Original EAD, AP. So don't worry abt the receipt. It should be with your attroney.
What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?
What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?
mk58581
06-07 12:13 AM
Thx a lot. I was so scared abt tht. I already have a job luckily my previous employer dind't cancel my H1 so used it and joined in a new firm
But these people started sendin' mails and callin' me so was jst scared will i have to loose tht money for nuthin' as well movin' from PHX to NY coseted me almost like $15000 more over tension in findin' a new job i was totally screwed for the past 2 months...
Thanks a lot again i will contact DOL @ the earliest
But these people started sendin' mails and callin' me so was jst scared will i have to loose tht money for nuthin' as well movin' from PHX to NY coseted me almost like $15000 more over tension in findin' a new job i was totally screwed for the past 2 months...
Thanks a lot again i will contact DOL @ the earliest
more...
akkakarla
08-06 07:56 AM
They can be stressful but one should relax before going to AOS Interview.If one feels the attorney will help them it is better to take the attorney. But certain times the over enthuisatic attorney may mess the smooth going interview and never comes to terms with what we want them to tell.
Some additional tips:
(1) Always wear professional clothing(do not wear jeans and need not be suit either:D ) etc.
(2) Always take 4 extra photos with you.
(3) Make copies of all the documents everything and place them in order. Order the Original documents so that you can give the Officer the moment they ask instead of searching. Searching irritates the officer sometimes.
(4) Never Ever joke when he talks about the country's problems, terrorism,infrastructure,faith of people,quality of people living in other regions. We are there strictly to complete the AOS interview and get out of there. No one is asking us, our opinion what we feel about issues nor one appreciates talking about their fellow citizens,faith.THey take these things seriously even though it "MAY" not have effect on the I485 approval but still then it is totally unnecessary digging out hole for our burial.
(5) NEVER EVER Open your mouth and say something the officer never asked. Always answer to the questions they asked and give the documents they asked. Not a word more or less and not a document more or less. The more enthu we go for the more we dig ourselves in quicksand. Thumb Rule: If you have all the documentation you can go yourself. Moreover the attorney does not have a role to play and they sit like statue there and the questions are directed to us and we need to answer the questions.
Future Employement Tips:
(1) Always take the employment letters: (a) The offer letter dated when the Labor Certification is filed. (b) Offer letter that states continuing offer letter(dated the day before the interview or during the week). (c) A letter addressing to the immigration officer stating your job, salary, responsibilities.
(2) Take the current job employment with your Status eg. EAD or H1, your salary, role and responsiblities etc. ( they should be more or less same as the role and responsibilities in Labor Certificaion filed).
Some additional tips:
(1) Always wear professional clothing(do not wear jeans and need not be suit either:D ) etc.
(2) Always take 4 extra photos with you.
(3) Make copies of all the documents everything and place them in order. Order the Original documents so that you can give the Officer the moment they ask instead of searching. Searching irritates the officer sometimes.
(4) Never Ever joke when he talks about the country's problems, terrorism,infrastructure,faith of people,quality of people living in other regions. We are there strictly to complete the AOS interview and get out of there. No one is asking us, our opinion what we feel about issues nor one appreciates talking about their fellow citizens,faith.THey take these things seriously even though it "MAY" not have effect on the I485 approval but still then it is totally unnecessary digging out hole for our burial.
(5) NEVER EVER Open your mouth and say something the officer never asked. Always answer to the questions they asked and give the documents they asked. Not a word more or less and not a document more or less. The more enthu we go for the more we dig ourselves in quicksand. Thumb Rule: If you have all the documentation you can go yourself. Moreover the attorney does not have a role to play and they sit like statue there and the questions are directed to us and we need to answer the questions.
Future Employement Tips:
(1) Always take the employment letters: (a) The offer letter dated when the Labor Certification is filed. (b) Offer letter that states continuing offer letter(dated the day before the interview or during the week). (c) A letter addressing to the immigration officer stating your job, salary, responsibilities.
(2) Take the current job employment with your Status eg. EAD or H1, your salary, role and responsiblities etc. ( they should be more or less same as the role and responsibilities in Labor Certificaion filed).
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smmakani
05-14 07:20 PM
Thanks IV Core. We are all with you.
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sandeep77
02-02 07:43 PM
I am on F1 too and i recently went to India after we had applied for i-485. I used my AP and when i had asked in my Office of International education I was told that the moment i applied for i485 my F1 was cancelled.
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Canadianindian
04-15 08:11 PM
I agree with the thought that with the critical mass of 10,000 and growing ppl, it is a matter of time when such political organizations contact us for support in terms of both:
1) Our ability to influence our fellow Indian American Citizens (relatives) to support an organization
2) Our ability to generate monetary support.
However, rather than such organizations approaching us, we have to be proactive in making these political organization aware of our ability to contribute. Our strenght in numbers, and our ability to influence and support has to be evident and communicated. The NY/NJ chapter is making some effort to contact our senators/congressman, but it has fallen to deaf ears.
My question is that can a senior member of IV team approach these policital parties, just like other Indian groups are approaching, and showcase our strength (support and money).
Also, are there any IV offical letter heads that can be used while faxing meeting requests to political parties.
1) Our ability to influence our fellow Indian American Citizens (relatives) to support an organization
2) Our ability to generate monetary support.
However, rather than such organizations approaching us, we have to be proactive in making these political organization aware of our ability to contribute. Our strenght in numbers, and our ability to influence and support has to be evident and communicated. The NY/NJ chapter is making some effort to contact our senators/congressman, but it has fallen to deaf ears.
My question is that can a senior member of IV team approach these policital parties, just like other Indian groups are approaching, and showcase our strength (support and money).
Also, are there any IV offical letter heads that can be used while faxing meeting requests to political parties.
more...
dpp
10-23 11:57 AM
You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
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paskal
04-09 08:38 PM
once you use EAD- for fellowship
you cannot be on an H1 from moonlighting.
if your wife is with a reputable firm, i would imagine the risk is low with an approved 140
i would ask a good attorney though.
you cannot be on an H1 from moonlighting.
if your wife is with a reputable firm, i would imagine the risk is low with an approved 140
i would ask a good attorney though.
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freeskier89
03-02 10:17 AM
Just out of curiousity, does traditional painting qualify?
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gc_dream07
08-05 06:30 AM
I am in similar situation.
I have AP valid till Oct 3rd, 2010. My new AP application is with USCIS and have not received the approval. I will be traveling to Canada on August 15th for one week. I am planning to return on current AP. My question is: if my new AP gets approved when I am in Canada, will that cause any issue in my I-485 or re-entry to US.
i was in same situation. couldn't get new AP in time. went for stamping in India.
my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.
if u read 131 instructions, it talks about abandoning app.
basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
and if u leave US before approval of AP, ur 485 considered abandoned.
Ref:
http://www.uscis.gov/files/form/i-131instr.pdf
Page 4, Section E.
I have AP valid till Oct 3rd, 2010. My new AP application is with USCIS and have not received the approval. I will be traveling to Canada on August 15th for one week. I am planning to return on current AP. My question is: if my new AP gets approved when I am in Canada, will that cause any issue in my I-485 or re-entry to US.
i was in same situation. couldn't get new AP in time. went for stamping in India.
my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.
if u read 131 instructions, it talks about abandoning app.
basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
and if u leave US before approval of AP, ur 485 considered abandoned.
Ref:
http://www.uscis.gov/files/form/i-131instr.pdf
Page 4, Section E.
more...
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Appu
04-06 10:27 PM
There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
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sareesh
04-21 12:12 PM
I understand your problem with moving dates slowly but did not follow your problem with porting.
Thanks,
SG.
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
Thanks,
SG.
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
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needhelp!
09-28 05:31 PM
I thought you were calling me :) Sorry no answer here.
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BMS1
08-21 06:37 PM
are you in EB2?
Yes I am.
Yes I am.
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pbojja
02-26 04:45 PM
If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
vallabhu
01-02 02:08 PM
I have applied from Texas SC
My attorney mentioned it might 2 to 3 years to process an appeal, is that correct do you guys know any one who got it faster than that, he mentioned that we have to appeal to district court along with documentation of new resolution which was passed last year stating that employer has final discretion is deciding edu qualification for job role
My attorney mentioned it might 2 to 3 years to process an appeal, is that correct do you guys know any one who got it faster than that, he mentioned that we have to appeal to district court along with documentation of new resolution which was passed last year stating that employer has final discretion is deciding edu qualification for job role
ksircar
07-01 01:52 PM
My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.
Thanks
Please read the discussion threads under Student aid at the EAD stage .
Thanks
Please read the discussion threads under Student aid at the EAD stage .
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