rajkr
06-10 07:49 PM
First of all there is no mention of EADs in the Bill. So I do not understand why Pappu is highlighting this issue so much.
Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.
Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.
Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.
Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.
Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.
Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.
Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.
Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.
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sukhwinderd
02-21 06:27 AM
please let me know at 2011carpool@gmail.com if you are interested in car pool/hosting.
lets make it a grand success. dont wait till the last minute.
lets make it a grand success. dont wait till the last minute.
thesparky007
03-07 07:19 PM
is any one good at blender3d?
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alex99
11-01 01:31 PM
I will do it
more...
lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
Khujaokutta
03-10 07:40 PM
I too agree that the flood gates will open soon...only that the gurkha who controls the gates is opening them so slowly that every bullietien there is no change or miniscule change.
We need to get the watchman to open the flood gates....:D...otherwise we will be saying this even after one year...that the gates will open soon.....when actually they open so little that its like a RAMSAY horror movie (Bandh DArwaza or something)
We need to get the watchman to open the flood gates....:D...otherwise we will be saying this even after one year...that the gates will open soon.....when actually they open so little that its like a RAMSAY horror movie (Bandh DArwaza or something)
more...
amitjoey
07-05 04:38 PM
Added my $100 towards our common dreams and goals! I still vote to keep this site free for everyone's benefit. Believe me ppl will come around..took me a while but as they say better late than never!
IV you have our support! United we stand!
Paypal Confirmation Number: 8GH00265XS5850731
PD: Aug 04
RD: ????
Thanks Rohit!.
IV you have our support! United we stand!
Paypal Confirmation Number: 8GH00265XS5850731
PD: Aug 04
RD: ????
Thanks Rohit!.
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desibechara
04-07 06:26 PM
I dont even remember off hand about my date.
I think its Oct29, 2001 so I am just about there to become current.
And if I am not wrong, they seem to be working on files which have become current. So I guess my I140 and 485 gets adjudicated together.
Hope for the best. I hope they dont wate any time for finances because my colleague had furnished for her I140 last year only. So i guess they do ahve record and process my case quickly. its been long time now.
db
I think its Oct29, 2001 so I am just about there to become current.
And if I am not wrong, they seem to be working on files which have become current. So I guess my I140 and 485 gets adjudicated together.
Hope for the best. I hope they dont wate any time for finances because my colleague had furnished for her I140 last year only. So i guess they do ahve record and process my case quickly. its been long time now.
db
more...
desi3933
02-11 07:36 PM
I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
>> Why be rude
My apologies if my post reflected that. My intention was never that.
.
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
>> Why be rude
My apologies if my post reflected that. My intention was never that.
.
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perm2gc
01-02 05:58 PM
Could you guys please give me the matter to post so that I dont have to type in the whole story again...thanks
Please check the first page on the thread.you will see the content to post.
thks
Please check the first page on the thread.you will see the content to post.
thks
more...
sathyaraj
03-06 10:54 PM
Hi All:
I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.
There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.
Please provide me with your experience and the inputs from your attorney.
I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.
Regards
SathyaRaj
I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.
There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.
Please provide me with your experience and the inputs from your attorney.
I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.
Regards
SathyaRaj
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go_gc_way
12-27 08:53 PM
Thank you,Perm2GC, cshen, you folks are simply EXCELLENT.
Thank you srikond, ofcourse your idea is interesting, you can probably assess it in detail further and let IV forum know.
Thanks to sbeyyala for taking the initiative to talk to association. Thanks srikondoji ,we_can,rajesh_kamisetti.
Thank you for implementing the IV action item to increase membership towards 10,000.
I think you folks here have set a great example by following the idea, just like some of our friends on the more contributing threads. We have good leadership and combined it with a good followers/contributors like you , may be we will be getting what we want :-)
I have noticed on murthy.com, the postings did not mention immigrationvoice.com, we need to post the url of immigration voice in the same postings.
So far we have posted on the following web sites ..
www.mitbbs.com,
www.desigate.com,
www.viaindia.com,
www.chicagosamachar.com
www.sulekha.com
dallas.eknazar.com
www.indiagrid.com
murthyforum.atinfopop.com
en.enwikipedia.org
A good beginning, but this is still less than the number of states in US :-) We need to do more.
Dear IV members, who have not posted yet, please post now. Your 15 min will make a BIG difference.
Thank you srikond, ofcourse your idea is interesting, you can probably assess it in detail further and let IV forum know.
Thanks to sbeyyala for taking the initiative to talk to association. Thanks srikondoji ,we_can,rajesh_kamisetti.
Thank you for implementing the IV action item to increase membership towards 10,000.
I think you folks here have set a great example by following the idea, just like some of our friends on the more contributing threads. We have good leadership and combined it with a good followers/contributors like you , may be we will be getting what we want :-)
I have noticed on murthy.com, the postings did not mention immigrationvoice.com, we need to post the url of immigration voice in the same postings.
So far we have posted on the following web sites ..
www.mitbbs.com,
www.desigate.com,
www.viaindia.com,
www.chicagosamachar.com
www.sulekha.com
dallas.eknazar.com
www.indiagrid.com
murthyforum.atinfopop.com
en.enwikipedia.org
A good beginning, but this is still less than the number of states in US :-) We need to do more.
Dear IV members, who have not posted yet, please post now. Your 15 min will make a BIG difference.
more...
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soumeeram
03-09 12:16 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html
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pappu
12-18 09:12 AM
Just need a place to vent and share my frustration with this system.
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
Welcome to the club.
everyone is in the same boat. Pls try to get more people like us in this organization. Together we can all make the miracle happen in 2007
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
Welcome to the club.
everyone is in the same boat. Pls try to get more people like us in this organization. Together we can all make the miracle happen in 2007
more...
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vin13
11-11 12:14 PM
We can all send a copy to the ombudsmand and DOS.
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).
That way we do not get pushed around.
Good work.
Gaurav
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).
That way we do not get pushed around.
Good work.
Gaurav
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pappu
02-11 08:44 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
more...
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WAIT_FOR_EVER_GC
07-13 07:49 PM
I thought it will not be of much use since my PD wasn'tcurrent. Can you let me know the procedure to open a SR?
Call USCIS, there number should be listed on the receipt or online.
Ask them to open an SR as your cases has passed the normal processing time.
They will do that for you
Call USCIS, there number should be listed on the receipt or online.
Ask them to open an SR as your cases has passed the normal processing time.
They will do that for you
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GC_SUCK
08-16 01:25 PM
I have no idea. The first time I called them was in May (couple of weeks after I did my fingerprints). And was told NC is clear and yet not picked up by any IO for review as they are processing 08/2006 RD cases and my RD is 03/2007. So I have to wait for my turn.
That's all I know.
That's all I know.
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singhsa3
03-10 03:14 PM
Folks,
I am trying to set up an interview with Mercury News , San Jose, CA. I think , he will be mainly focussing on the reason why we are not planning to buy house. One reason of course is market condition but the primary reason is the uncetainity of the green card process. Personally, I avoid making any big investments, including new car, vacations etc because of my uncertain future here in the USA.
Those who want to be part of the interview, please let me know. We can talk before the interview as to the points we can make.
I am trying to set up an interview with Mercury News , San Jose, CA. I think , he will be mainly focussing on the reason why we are not planning to buy house. One reason of course is market condition but the primary reason is the uncetainity of the green card process. Personally, I avoid making any big investments, including new car, vacations etc because of my uncertain future here in the USA.
Those who want to be part of the interview, please let me know. We can talk before the interview as to the points we can make.
cnag
09-10 10:55 AM
How many posts are required to access chat feature?
I guess, getting 30 green dots is tougher than getting GC itself:D
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
I guess, getting 30 green dots is tougher than getting GC itself:D
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
