crazyghoda
01-30 02:20 PM
Ok now I am confused. I was laid off while in India. Since I could not then use my H1 to reenter, I used the AP. So my I-94 is stamped as AOS. Are you saying this was not a lawful admission? Are you implying that from the time I entered the US on AP (Dec till date) is unlawful?
Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.
245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).
Please have all AC-21 related documents for latest job (or job offer).
Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.
245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).
Please have all AC-21 related documents for latest job (or job offer).
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zen
04-06 09:33 PM
good post ek_bechara!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
!
The problem with what you say is that if it happens to you then it is too LATE !!
but I agree we need to wait for verification ....I guess if this is very common or becomes common ..they you will see such reports on lawyers websites saying that this is happening to their clients
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
!
The problem with what you say is that if it happens to you then it is too LATE !!
but I agree we need to wait for verification ....I guess if this is very common or becomes common ..they you will see such reports on lawyers websites saying that this is happening to their clients
jsb
08-20 10:05 AM
To understand the Visa bulletin, one must first understand that it is not the USCIS that computes or post VB, it is the DOS. DOS also considers those undergoing consular processing. In this case, the dates are in favor of those doing CP as we all know that most of those who are qualified to apply for AOS have already applied.
Retrogression is a CP-friendly event.
Can one initiate CP if so chosen in I-140, but already applied for AOS?
Retrogression is a CP-friendly event.
Can one initiate CP if so chosen in I-140, but already applied for AOS?
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bsbawa10
03-09 03:48 PM
hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o
I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.
I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.
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ramus
07-03 05:32 PM
Please ask others to do it now...
Thanks.
Thanks.
Macaca
01-30 07:03 PM
Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
Is this a new rule? I have paid for my H1 with a check to INS (before name changed to USCIS). I think everyone else paid for H1 with pay check to INS. I was also supposed to pay for (non-company) lawyer fees for GC.
Is this a new rule? I have paid for my H1 with a check to INS (before name changed to USCIS). I think everyone else paid for H1 with pay check to INS. I was also supposed to pay for (non-company) lawyer fees for GC.
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CSPAvictim
07-09 06:53 PM
I have a question: If this is indeed an internal DOS regulation, which it most probably is, does it mean that DOS can make changes without sufficient notice to the applicants/public? Does the Administrative Procedures Act come into play in such a situation?
Remember this is internal DoS regulation and not a US Code or Law. They can change at any time and way they want to.
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
Remember this is internal DoS regulation and not a US Code or Law. They can change at any time and way they want to.
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
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prioritydate
12-20 07:09 PM
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.
Now I am really afraid. G-325 form has section to provide last 5 jobs. Since I had a gap, I didn't provide the details for the year 2001. I am royally screwed now! :(
Now I am really afraid. G-325 form has section to provide last 5 jobs. Since I had a gap, I didn't provide the details for the year 2001. I am royally screwed now! :(
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giddu
07-03 05:32 PM
My action plan:
1. Contribute $100 to IV - Done
2. Send flowers to USCIS for July 10
3. Write emails to local Congressmen and Senators
1. Contribute $100 to IV - Done
2. Send flowers to USCIS for July 10
3. Write emails to local Congressmen and Senators
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feedfront
09-23 12:14 PM
Hi All,
Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.
My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.
If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.
I would go for employer B, as my misery would be short. You are current and it's just few weeks (unless something goes wrong) + 6 months of misery working with current employer (max 9 months :cool: ) . You can work part time with C to cover up your H1B fees.
Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.
My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.
If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.
I would go for employer B, as my misery would be short. You are current and it's just few weeks (unless something goes wrong) + 6 months of misery working with current employer (max 9 months :cool: ) . You can work part time with C to cover up your H1B fees.
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ryan
08-21 12:12 PM
I did not marry the man I was engaged to. .
Sorry to hear. We can debate on this form till the cows come home, however, I think it is best you contact an experienced / skilled immigration lawyer ASAP. Often there are alternatives and solutions an immigration lawyer can evaluate and put forth to you. IMO that is the best option at this point. I hope things work out for you, good luck.
Sorry to hear. We can debate on this form till the cows come home, however, I think it is best you contact an experienced / skilled immigration lawyer ASAP. Often there are alternatives and solutions an immigration lawyer can evaluate and put forth to you. IMO that is the best option at this point. I hope things work out for you, good luck.
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StuckInTheMuck
07-28 12:38 PM
Okay, from wine shop to religion to law to constitution, what next :)
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
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gc28262
12-20 05:39 PM
Yes, I did. In fact, many times.
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
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prad123
05-05 11:32 PM
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
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kandhu
06-10 04:55 PM
Done
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pappu
01-17 01:43 PM
it is a slow process. This recurring contribution is a good process in long run. We will inspire our members to contribute. This will grow in to thousands eventually. Keep up the good work with our core objectives.
Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. Ultimately the onus of getting sucess is on each and every one of us. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
and start contributing today.
Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. Ultimately the onus of getting sucess is on each and every one of us. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
and start contributing today.
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desibechara
10-12 03:39 PM
I am..
EB3 India..PD Oct 2001, LC certfied on June 19,, got in hand on July26
Applied I140, I485 and I170, I130 on Aug7
NSC..receipts Sep19
FP notice for Oct 30,have not recived for wifes' FP notice
EAD online notice for both of us ..on Oct 9
I understand lot of people are anxious about GC..but look at dates!!!
Its been 6 years..
DB
EB3 India..PD Oct 2001, LC certfied on June 19,, got in hand on July26
Applied I140, I485 and I170, I130 on Aug7
NSC..receipts Sep19
FP notice for Oct 30,have not recived for wifes' FP notice
EAD online notice for both of us ..on Oct 9
I understand lot of people are anxious about GC..but look at dates!!!
Its been 6 years..
DB
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kumarc123
10-15 07:23 PM
To all my IV Members,
I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.
1. Will put pressure on congress to honor the high immigrant bill in duck session.
2. We will get attention and the next upcoming president will know, we are hurting.
Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.
We have been passive for long now, lets be activist.
Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.
Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
Please lets not waste any more time in discussion, or questioning each others intentions.
I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.
1. Will put pressure on congress to honor the high immigrant bill in duck session.
2. We will get attention and the next upcoming president will know, we are hurting.
Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.
We have been passive for long now, lets be activist.
Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.
Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
Please lets not waste any more time in discussion, or questioning each others intentions.
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spicy_guy
07-27 05:18 PM
Everest Consulting Group Inc is really good. I know them personally for more than 10 years now & they do what they say and do NOT torture their employees like many other consulting firms. I just got my GC thru them :)
I hope this helps somebody & please let me know if I can be any further help!
Thanks.
Ramesh.
Are you sure you are no way associated with them (of course, other than being a consultant to them)? ;)
I hope this helps somebody & please let me know if I can be any further help!
Thanks.
Ramesh.
Are you sure you are no way associated with them (of course, other than being a consultant to them)? ;)
willwin
03-17 03:12 PM
Right. But here USCIS plays its villain role. What happens is USCIS moves clock ahead depending upon last month's "demand." We always think stramline logic.. USCIS does not work that way. It will kick PD to x date for an example Dec 2002. Now at the same time it will keep RD at say for example july 2001..Now it will keep some files eating dust in Name check so end effect is "Some" will get their gC. So next month, seeing this "demand" USCIS will kick PD further.. same game.. I believe at some level it decides seeing it reaching to "3500" limit put a break. So in reality what happen is even though USCIS kicks PD ahead not "all applicants with valid PD" get their GC. If they are unlucky enough to stuck in name check or RD is not being current, they will again wait for years for next kicking cycle start from April 2001.
But when that happens, I guess, guys in CP wil get their interview scheduled (as long as their PD is current; no RD date concept there) as the queue in CP is not as long. Correct?
But when that happens, I guess, guys in CP wil get their interview scheduled (as long as their PD is current; no RD date concept there) as the queue in CP is not as long. Correct?
rajuram
11-11 03:20 PM
I am not sure what lobbying efforts would do for us, haven't worked so far...In my opinion we need more media visibility which makes politicians to take notice of us. In these troubled times they are open to any kind of ideas that would help the housing market.
Just show the real numbers to the media -
Approx 0.5 million people (well educated with decent earnings)
Atleast 50 to 60% of these people could potentially buy houses if immigration related uncertainities are gone
Potentially quarter of million buyers for houses, that is a lot!!
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.
Shall we start a funding drive? rajuram - can you lead it?
Just show the real numbers to the media -
Approx 0.5 million people (well educated with decent earnings)
Atleast 50 to 60% of these people could potentially buy houses if immigration related uncertainities are gone
Potentially quarter of million buyers for houses, that is a lot!!
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.
Shall we start a funding drive? rajuram - can you lead it?
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