GCAmigo
12-27 09:02 AM
My son who is in high school goes for a federal funded summer program every year.. he is cursing me now as he cannot claim the $1000 stipend since he doesn't have an SSN..
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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
sukhwinderd
02-16 07:49 PM
so many people stuck in backlog in DC/VA area and not even 5 came up for help.
i am hopeful of more contributions, please dont let me down.
thanks
i am hopeful of more contributions, please dont let me down.
thanks
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ajju
03-15 08:47 PM
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
Most of these guys were stuck in backlog.. Welcome to the world of USCIS/DOL/DHS... Some would be Name Check victims too.. Though not many.. But a lot in backlog... Plus labor substitution...
And when finaly most 2003 filed in July 2007 and had dates current for next 3 months.. The Processing was taking atleast 6 months...
I seriosly hope that not may atleast with 2003 PD.. and dates should move to 2004 and beyong soon.. and this is practically possible...
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
Most of these guys were stuck in backlog.. Welcome to the world of USCIS/DOL/DHS... Some would be Name Check victims too.. Though not many.. But a lot in backlog... Plus labor substitution...
And when finaly most 2003 filed in July 2007 and had dates current for next 3 months.. The Processing was taking atleast 6 months...
I seriosly hope that not may atleast with 2003 PD.. and dates should move to 2004 and beyong soon.. and this is practically possible...
more...
guy03062
11-11 05:00 PM
Good one :p
I am surprised that this thread is still active. Usually by this time somebody from the core group puts a statement and that usually closes the discussion. I am sure this will happen soon since atleast a few posters have been requesting asistance from Pappu regarding this issue. I am just waiting for that post to come...dont know when. Hey pappu why are you taking so long......why dont you post and tell all our friends who are currently so emotional about the reality of pursuing the legal option...
I am surprised that this thread is still active. Usually by this time somebody from the core group puts a statement and that usually closes the discussion. I am sure this will happen soon since atleast a few posters have been requesting asistance from Pappu regarding this issue. I am just waiting for that post to come...dont know when. Hey pappu why are you taking so long......why dont you post and tell all our friends who are currently so emotional about the reality of pursuing the legal option...
champu
02-13 09:18 PM
Its like what NAZIS did to Jews.. Cmon this is America, lets post this to President Obama's website
Administrator may consider removing this thread...
Content and even title is offensive. It may undermine our cause.
Administrator may consider removing this thread...
Content and even title is offensive. It may undermine our cause.
more...
ItIsNotFunny
03-10 04:04 PM
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?
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samirpatel08
03-10 01:44 PM
I agree with 'rexjamla'. My lawyer said same thing. I am working on my EAD, and I have not submit anything to USCIS.
According to my lawyer, AC 21 is a portability law which allow you to swith a job with same or similar work. Additionally, we need to have a valid job with the same job discription and pay(or higher pay) when our priority date become current.
In my case, my previous company's lawer is going to take care of my case for the future. If you are changing your lawyer then I think it would be ok to send AC 21 papers to make sure USCIS update lawyer's informtion. The new lawer information would help USCIS to contact your new lawer for the future.
If you are changing the job and if possible that your previous company's lawer going to work for your case....I think you do not need to worry about anything...At least... I have not filed anything...
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
According to my lawyer, AC 21 is a portability law which allow you to swith a job with same or similar work. Additionally, we need to have a valid job with the same job discription and pay(or higher pay) when our priority date become current.
In my case, my previous company's lawer is going to take care of my case for the future. If you are changing your lawyer then I think it would be ok to send AC 21 papers to make sure USCIS update lawyer's informtion. The new lawer information would help USCIS to contact your new lawer for the future.
If you are changing the job and if possible that your previous company's lawer going to work for your case....I think you do not need to worry about anything...At least... I have not filed anything...
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
more...
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pappu
04-05 11:52 AM
One more day to go before the end of this campaign.
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
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ashkam
02-12 04:10 PM
Are you people daft? Using terms like ethnic cleansing, lynching or comparing our plight to the holocaust borders on the hysterical. Please do not lose your perspective on life.
more...
LONGGCQUE
06-10 03:59 PM
Just sent it Nebraska Senators
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chanduv23
02-13 10:55 PM
Dear friends,
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.
For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.
The very same policy is used by the U.S. government to control their population:
1) Per country quotas in EB immigration cause infighting
2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda
3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control
4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese
...and the elite sit back, sip their martinis, and watch the fun.
So you have two choices before you:
1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
2) Unite as one to achieve all 3 objectives, and throw off your shackles
Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King
I am a strong advocate of Unity and I appreciate your post. Infighting exists everywhere, it is not created but exists in us and our thought process. Let us not say that USCIS or US govt creates the "infighting" by divide and rule. We fight among ourselves because we are unorganized and do not have a platform. IV has provided one of the biggest platforms that caters to all highly skilled immigrants which covers a broad range of issues and is a wonderful platform for all of us to unite.
United we stand, divided we fall - if people find reasons not to be united, then they can expect Lou Dobbs accusing them even after they become US citizens
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.
For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.
The very same policy is used by the U.S. government to control their population:
1) Per country quotas in EB immigration cause infighting
2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda
3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control
4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese
...and the elite sit back, sip their martinis, and watch the fun.
So you have two choices before you:
1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
2) Unite as one to achieve all 3 objectives, and throw off your shackles
Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King
I am a strong advocate of Unity and I appreciate your post. Infighting exists everywhere, it is not created but exists in us and our thought process. Let us not say that USCIS or US govt creates the "infighting" by divide and rule. We fight among ourselves because we are unorganized and do not have a platform. IV has provided one of the biggest platforms that caters to all highly skilled immigrants which covers a broad range of issues and is a wonderful platform for all of us to unite.
United we stand, divided we fall - if people find reasons not to be united, then they can expect Lou Dobbs accusing them even after they become US citizens
more...
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ski_dude12
03-09 02:23 PM
No change for EB2-I.
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abhijitp
07-24 04:09 PM
USCIS has released a press release July 23, 2007. Check QUESTION 13
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Yes, but it does not mention EVL. If USCIS mentions the EVL in another press release, that would be the ideal scenario, but probably won't happen.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Yes, but it does not mention EVL. If USCIS mentions the EVL in another press release, that would be the ideal scenario, but probably won't happen.
more...
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hpandey
06-10 12:46 PM
I think we should also work on making sure that Mr Grassley et al don't get elected to the Senate the next time so that they are not able to bring these useless racist amendments. They will only realize it when it will hurt them politically. All the H1b's and AOS people have relatives or friends who are well qualified to vote . They should encourage everyone to vote against these bigoted people .:mad:
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anurakt
01-17 03:11 PM
Sent PM... and FYI... I am not a non-contributor as well
I have sent you a PM , please call me ....
I have sent you a PM , please call me ....
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kumar1
01-09 09:38 AM
We can go all day, moving blame from Fresh students to desi consulting companies to US immigration policies. I feel that part of the problem lies on the hiring company/client as well. These days, they want to spend 40 dollars per hour for a person with 10 years of exp in Java + dot net + ETL + BO + Mainframe. Client wants that person to work like a superman during the normal business hour (8 AM to 5 PM) and they want the same person to work like a Batman (from 7 PM to 1 AM) with off shore. On weekends he also becomes Spiderman and flies to all corners of the US to support different clients/projects. Now....imagine a combination of Superman+Batman+Spiderman in 40 dollars per hours?? They get a 23 years old guy having 10 years of experience on his resume....through a desi consulting company. Who is at fault? The person who faked the resume? The person who tried to sell his resume? Or the entity who wants a combination of Superman, Batman and Spiderman in 40 dollars per hour? I am yet to find an answer!
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ita
01-31 06:18 PM
Thank you very much for the response. I sent you a PM .
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
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uppaji
08-03 12:29 PM
Hi Can we all agree up on a standard content format to Lou Dobbs.
Please send your text, if you have already sent emails.
I just want to make sure that they should realize that there is mass response for the smae topic.
Please send your text, if you have already sent emails.
I just want to make sure that they should realize that there is mass response for the smae topic.
nozerd
10-29 10:03 AM
EB3 INDIA
PD: August 2001
LC cleared: October 2005
I 140 approved: Jan 2006
I485 filed: June 2007
Waiting! Same job since 1999 (with internal promotions)
PD: August 2001
LC cleared: October 2005
I 140 approved: Jan 2006
I485 filed: June 2007
Waiting! Same job since 1999 (with internal promotions)
PresidentO
02-11 09:49 PM
Dude,
Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.
PresidentO,
I saw your past comment and it seems like you have an Attitude problem.
If something your are not agree or disagree that's fine but there is now way to go this far.
Its you who might have an attitude problem. You cannot take constructive criticism that was directed at our behavior in general. I was just pointing out how members in general fall prey to sensationalism and expect IV to answer that sensationalism. Get real dude! There was no personal attack intended or explicit towards any one in my post. I added facts and answered why there was NO spill over as the attorney is telling. You go back to your posts and check what you said. Do a bit of introspection before you resort to mudslinging. Adding facts helps members. Resorting to personal attacks on members such as desi3933 who has been extremely logical and rational in response with real data hurts the whole discussion. we need folks such as desi3933 here. No where he vented any frustration. Take your garbage and frustration some where else.
Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.
PresidentO,
I saw your past comment and it seems like you have an Attitude problem.
If something your are not agree or disagree that's fine but there is now way to go this far.
Its you who might have an attitude problem. You cannot take constructive criticism that was directed at our behavior in general. I was just pointing out how members in general fall prey to sensationalism and expect IV to answer that sensationalism. Get real dude! There was no personal attack intended or explicit towards any one in my post. I added facts and answered why there was NO spill over as the attorney is telling. You go back to your posts and check what you said. Do a bit of introspection before you resort to mudslinging. Adding facts helps members. Resorting to personal attacks on members such as desi3933 who has been extremely logical and rational in response with real data hurts the whole discussion. we need folks such as desi3933 here. No where he vented any frustration. Take your garbage and frustration some where else.
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