Almond
07-05 01:44 PM
OK, you two, I see what you're saying. So one has to pay for the right to start a new thread. In that case those who have questions will start PMing those who seem to know stuff or going offtopic in random threads.
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bigboy007
07-18 12:34 PM
i think we need to wait till a week more and then give a call back to USCIS just to make sure , as per my understanding and my lawyers info none were rejected and they will be accepted.
prioritydate
12-20 07:03 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
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kaella
07-13 10:03 AM
I think it was referenced some where else in this thread , anyways here you go
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
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delhiguy
07-09 04:08 PM
If the class is certified, we may want to join that class rather than have separate lawsuits.
Yes , we are in that class.
Yes , we are in that class.
jamesbond007
02-19 03:06 PM
Instead of opposing it for fear of application deluge, why not ask for a clause that says applications should be adjudicated within a certain timeframe?
And do not under estimate USCIS. They are capable of approving 45K GCs in a week. (July 2007??). They may not want to do it for various reasons - rake in perpetual fees on renewals, numerical limitations each month/quarter/year etc. I think they have the capability; but not the willingness.
May be getting 10 millions latinos in the AOS queue is what is needed to improve the USCIS' processing. With them, the latinos also bring their strong lobbying efforts too.
There has to be some movement towards bettering the immigration process in this country. If you will only accept a "perfect" fix, no reform will ever make it. Any change towards improving the immigration process should be encouraged.
It is really sad to see opposition to this proposal just because it did not include every one.
And do not under estimate USCIS. They are capable of approving 45K GCs in a week. (July 2007??). They may not want to do it for various reasons - rake in perpetual fees on renewals, numerical limitations each month/quarter/year etc. I think they have the capability; but not the willingness.
May be getting 10 millions latinos in the AOS queue is what is needed to improve the USCIS' processing. With them, the latinos also bring their strong lobbying efforts too.
There has to be some movement towards bettering the immigration process in this country. If you will only accept a "perfect" fix, no reform will ever make it. Any change towards improving the immigration process should be encouraged.
It is really sad to see opposition to this proposal just because it did not include every one.
more...
akhilmahajan
09-26 12:12 PM
No, dont worry about it, it's proved that together we can do anything. so please unite and work for our cause.
The article is fixed and i am sure you are aware of it. so, lets not send the reporter any more email.
GO IV GO
TOGETHER WE CAN
The article is fixed and i am sure you are aware of it. so, lets not send the reporter any more email.
GO IV GO
TOGETHER WE CAN
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pcs
01-17 02:07 PM
I have seen IV grow from scratch & the progress is very impressive. We will get better response but we will not achieve any +ve results by calling people " beggars". I am sure, you said it out of frustation & may want Admin to delete your post, which has good intent but not so good language
Let us divide among ourselves & make 10 calls ( by each of us) to each individual, who has contributed in the past BUT has not signed for the monthly contribution..
I am quite sure, people, who contributed once will sign up once called by us.
My guess is .... we should be able to get 1000 contributing guys if we call these people.
Regards
Let us divide among ourselves & make 10 calls ( by each of us) to each individual, who has contributed in the past BUT has not signed for the monthly contribution..
I am quite sure, people, who contributed once will sign up once called by us.
My guess is .... we should be able to get 1000 contributing guys if we call these people.
Regards
more...
abhishek101
03-12 11:27 AM
IV needs to OPEN ITS BOOKS
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
cmphr, kumarc123,
I have one question for you why are you visiting IV website, you have nothing better to do?
First of all IV is not forcing you or any body to come here on the website. If you have issues you are most welcome to stop coming to the website.
SO STOP BROWSING IV, you are waisting our precious bandwidth ( for which we have to pay) because you can only shout rather than doing anything constructive.
We can make sure your account gets deleted from the website and records and you are banned from the place.
Actually we as a community are better off if we can get rid of people like you.
Pappu really does not owe anything to any of you actually you owe a lot of money to him. He spends his precious time giving you updates and you only can act as an A**.
I would highly recommend to ban people like you .
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
cmphr, kumarc123,
I have one question for you why are you visiting IV website, you have nothing better to do?
First of all IV is not forcing you or any body to come here on the website. If you have issues you are most welcome to stop coming to the website.
SO STOP BROWSING IV, you are waisting our precious bandwidth ( for which we have to pay) because you can only shout rather than doing anything constructive.
We can make sure your account gets deleted from the website and records and you are banned from the place.
Actually we as a community are better off if we can get rid of people like you.
Pappu really does not owe anything to any of you actually you owe a lot of money to him. He spends his precious time giving you updates and you only can act as an A**.
I would highly recommend to ban people like you .
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jonty_11
10-20 02:56 PM
Obama may be great...but we dont know...At least McCain has helped sponsor or vote in favor of EB bills in the past...So History on EB supports him more than Obama....
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SFSweta
09-10 02:43 PM
So there you have it - no vote on the bill today...
I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.
We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.
We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
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perm
07-03 02:44 PM
where's the petetion, where do we sign?
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ajju
03-18 10:56 PM
USCIS director took the course and he failed. Then he went to Moscow and bought a fake BPD&R degree for $175. No wonder we are in such a mess.
funny :-) lets hope new director had passed and don't possess another fake BPD&R degree :-)
funny :-) lets hope new director had passed and don't possess another fake BPD&R degree :-)
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rmscandy2006
04-08 10:11 AM
I think -We have to come to our senses. The law wants to treat us as slaves. Do the work and go back. They do not want to give the opportunity to have the american dream. They do not have problem with mexicans, or arabic country people, or anybody. All they want is - we do not want smart talented ones to take our white collar jobs.
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
Choose life !! is the better option !!
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pappu
03-10 03:55 PM
I challenge visitors in this forum to make atleast one fix, any small fix by sticking to the point and not beating around the bush and not getting into the shoes of others to paint the whole world problems in this.
Just stick to one point agenda and deliver it fully..
1. Recapture Immigrant Visas - to me too big to bite but it is the best
2. Admin fix to file I485 when date is not current - Helps lot of people who missed July 07 fiasco for various reasons..
3. Admin fix to revalidate H1B in USA - Stops all the BS about IO at POE killed someone etc..
4. Accountability of CIS - Make sure they process in FIFO by PD (Damn it, we need to define PD for them :-) )
Just stick with one damn topic and deliver it. This will help IV get the required attention.
Need an example, look at FOIA thread, In four days we had people pledging almost 8K.
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.
Just stick to one point agenda and deliver it fully..
1. Recapture Immigrant Visas - to me too big to bite but it is the best
2. Admin fix to file I485 when date is not current - Helps lot of people who missed July 07 fiasco for various reasons..
3. Admin fix to revalidate H1B in USA - Stops all the BS about IO at POE killed someone etc..
4. Accountability of CIS - Make sure they process in FIFO by PD (Damn it, we need to define PD for them :-) )
Just stick with one damn topic and deliver it. This will help IV get the required attention.
Need an example, look at FOIA thread, In four days we had people pledging almost 8K.
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.
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meridiani.planum
03-14 12:26 PM
It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.
there are no Interm EADs (stopped almost 2 years ago) and if the EAD is pending, then you need to stop working once your old EAD expires.
there are no Interm EADs (stopped almost 2 years ago) and if the EAD is pending, then you need to stop working once your old EAD expires.
more...
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bidhanc
07-18 10:18 AM
Please explain Greg's comment,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd,reached 11:34 AM CST, has not been returned yet, shouldn't we assume that it will be accepted?
Is it not possible to re-submit the documents all over, even though USCIS might be holding on to our first applications of July 2nd?
What are the ramifications (if any) of doing this?
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd,reached 11:34 AM CST, has not been returned yet, shouldn't we assume that it will be accepted?
Is it not possible to re-submit the documents all over, even though USCIS might be holding on to our first applications of July 2nd?
What are the ramifications (if any) of doing this?
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CT_Green
04-10 11:41 AM
My PD is Oct 2003
Waiting for 485 approval. FP done. Have EAD.
Waiting for 485 approval. FP done. Have EAD.
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vbkris77
06-10 12:47 PM
This if enacted will get all the so called "non-desi" employees/employers. Remember in last one year there was no major employer without layoffs.
Ramba
07-15 10:54 AM
I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.
RNGC
09-20 07:49 PM
Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.
It makes no sense to through that away
I am in no way trying to argue....I understand that "ImmigrationVoice" is now known very well ....by changing it to "LegalImmigrationVoice" we are not doing a whole lot of change, just adding a "Legal" in front.....we should maintain the same logo, so our identity will not change!
Just imagine you have no idea what IV is, you just come across the word "ImmigrationVoice" - how does it sound to you ? For me it sounds like we are just a pro-immigration group......No way it sounds like a Legal Immigration group....
Here in US large companies change names...so its not too late......adding a word "Legal", "Highly skilled" etc will go a long way for our future generations......
Just my $0.02
It makes no sense to through that away
I am in no way trying to argue....I understand that "ImmigrationVoice" is now known very well ....by changing it to "LegalImmigrationVoice" we are not doing a whole lot of change, just adding a "Legal" in front.....we should maintain the same logo, so our identity will not change!
Just imagine you have no idea what IV is, you just come across the word "ImmigrationVoice" - how does it sound to you ? For me it sounds like we are just a pro-immigration group......No way it sounds like a Legal Immigration group....
Here in US large companies change names...so its not too late......adding a word "Legal", "Highly skilled" etc will go a long way for our future generations......
Just my $0.02
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