pappu
07-05 03:45 PM
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
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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
Jaime
09-10 12:35 PM
You want to start your own company and give jobs to Americans, but can't- Because you are on an H1-B, and you are not allowed to work for your own company if you start one, so you cannot support yourself.
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pappu
01-10 11:59 PM
Thank you again perm2gc for helping with this effort.
more...
sts_seeker
02-07 01:15 PM
I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.
akred
06-12 11:52 AM
CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.
more...
akred
01-21 12:30 PM
My guess is that except for the early years (2001, maybe 2002), EB-2 timelines will be almost identical to EB-3.
Supporting reasons are -
1. As things stand today, EB-2 differs from EB-3 only in the amount of wages required when filing the petition.
2. EB-3 filers will naturally earn more money with experience and file fresh for EB-2 when they can.
Other things such as qualifications and 5 years of experience are easily obtained and not relevant with such long timelines.
Supporting reasons are -
1. As things stand today, EB-2 differs from EB-3 only in the amount of wages required when filing the petition.
2. EB-3 filers will naturally earn more money with experience and file fresh for EB-2 when they can.
Other things such as qualifications and 5 years of experience are easily obtained and not relevant with such long timelines.
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dummgelauft
08-21 09:28 AM
You are an illegal. Go back to Canada, and try properly.
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paskal
12-27 12:17 AM
it would be useful to all if people who have traveled could let us know their experience transiting through different airports, also we should compile a detailed list of the airports that have some transit visa requirements.
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StuckInTheMuck
07-30 07:39 AM
At the risk of giving someone the idea of starting a new thread on dottiness (all sorts of stuff are popping up these days :)) - you can see your DI (dot index) by clicking "User Profile" at the top right of this page (assuming you are logged on to IV), and then clicking "User Control Panel", which opens the list of your dots w/o comments (I am yet to figure out the point system that comes with it). This does not tell you though who gave what, unless they announce themselves.
And I thank you for your vote of confidence on the relevance issue :)
And I thank you for your vote of confidence on the relevance issue :)
more...
bomber
06-30 07:30 PM
Way to Go !
Let's get united (for the first time) and fight it tooth and nail.
We should not let them get away with something like this so easily.
To be honest with you all, last week when these rumors started, I thought once my case is filed, I don't care if they revise the bulletin or whatever. But after going through all this since yesterday, I don't want something like this to happen even to my enemies.
Even if my case is accepted(current in June, hopefully lawyer mailed it Friday for monday delivery) I'll support you guys in this fight!
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
Let's get united (for the first time) and fight it tooth and nail.
We should not let them get away with something like this so easily.
To be honest with you all, last week when these rumors started, I thought once my case is filed, I don't care if they revise the bulletin or whatever. But after going through all this since yesterday, I don't want something like this to happen even to my enemies.
Even if my case is accepted(current in June, hopefully lawyer mailed it Friday for monday delivery) I'll support you guys in this fight!
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
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Norristown
09-11 08:41 AM
I am a great admirer of IV, because it is the only organization really working for legal immigrants.
Yesterday we are all watching TV,internet for Senate voting on HR5882. Nothing happened.
We are depending on other websites , to know about bill markup. All threads are filling up with all kind of guessing and speculation.
Don't we have any channel (lobbyists) to know whether it is marked up or not?
Yesterday we are all watching TV,internet for Senate voting on HR5882. Nothing happened.
We are depending on other websites , to know about bill markup. All threads are filling up with all kind of guessing and speculation.
Don't we have any channel (lobbyists) to know whether it is marked up or not?
more...
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ajthakur
07-14 05:47 PM
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
ajthakur,
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Hope this helps...I am not an attorney, but thought my few cents might help you.
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
ajthakur,
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Hope this helps...I am not an attorney, but thought my few cents might help you.
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frostrated
07-13 08:37 AM
Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?
more...
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gc_kaavaali
12-21 08:12 PM
Please somebody answer my question...
Hi,
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
Hi,
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
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rayoflight
05-27 01:46 PM
Is it legal to make photocopies of your passport in the US? They dont do it in FEDEX Kinkos etc., Ofcourse you can print it in your house.
more...
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kosu
08-15 03:57 PM
September is out.. I cannot beleive what i am seeing..
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
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BlueSunD
03-10 12:42 AM
nice image thirdworldman! :thumb:
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greyhair
03-12 11:44 AM
I completely agree with you. By the way, why are you not a donor?
I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.
I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.
GCNirvana007
10-10 09:55 PM
It is unreasonable to carry a passport at all times when you are living here. What happens if you leave it behind in the grocery store by mistake or leave it in the cab or something? I think the issue reported by the OP is more relevant close to the border. Nobody asks for your passport in Vegas or Denver.
Which part you didnt understand?
Once you enter USA, doesnt matter Vegas or Denver, you need to carry documents with you. Thats LAW. They dont stop everybody but if they do, we are answerable to them.
Its similar to speeding. For a 55 miles speed limit, usually cops dont stop if you drive 70. However they are legally entitled to fine you if you drive 56. Its LAW.
Now if you leave it by mistake, thats not their problem, you got to deal with it.
Which part you didnt understand?
Once you enter USA, doesnt matter Vegas or Denver, you need to carry documents with you. Thats LAW. They dont stop everybody but if they do, we are answerable to them.
Its similar to speeding. For a 55 miles speed limit, usually cops dont stop if you drive 70. However they are legally entitled to fine you if you drive 56. Its LAW.
Now if you leave it by mistake, thats not their problem, you got to deal with it.
luvschocolates
08-21 10:46 AM
I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
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