unitednations
12-21 10:52 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
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vin13
11-11 01:46 PM
I'm willing to send this to all the congressman/senators in Texas. Since I'm new to this game, is email better or snail mail? Or is personal contact expected?
Thanks.
Contacting personally is the best. You may not always get a chance to meet the congressman. But atleast get an appointment with an aide who deals with immigration. Some of them would have offices in several towns. Choose the one close to you. Meet in person and explain the situation and give them the letter. Do not go in a big group. 1 or 2 members would be ideal. Lot of the congressman may not know much about the process. so you need to keep it simple with less technical terms.
Thanks.
Contacting personally is the best. You may not always get a chance to meet the congressman. But atleast get an appointment with an aide who deals with immigration. Some of them would have offices in several towns. Choose the one close to you. Meet in person and explain the situation and give them the letter. Do not go in a big group. 1 or 2 members would be ideal. Lot of the congressman may not know much about the process. so you need to keep it simple with less technical terms.
ItIsNotFunny
10-15 12:10 PM
do that and as a backlash, the PDs will go back to 1800! after that even if u send the whole garden they won't be current again:D
If Gandhi would have thought the same way!
We must protest and it has to be a unified process. Last time we were really successful. It was one of the factors why they allowed everyone to file EAD - partial independence. Take it positive.
If Gandhi would have thought the same way!
We must protest and it has to be a unified process. Last time we were really successful. It was one of the factors why they allowed everyone to file EAD - partial independence. Take it positive.
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miami75
07-02 10:27 PM
Here is my contribution Google Order #920441777988850
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chanduv23
11-22 01:33 PM
I dont think that is correct - as per my lawyer this is what she says -
In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:
1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job
If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.
So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".
Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.
Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.
In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:
1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job
If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.
So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".
Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.
Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.
GC_ASP
03-18 05:45 PM
Please see the last sentece which says "Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country".
When they use this spill over, only PD is imp not the country.
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
When they use this spill over, only PD is imp not the country.
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
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johnamit
07-18 09:14 AM
some applications have already been rejected, mostly on July 2nd but a very few.
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
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arnab221
04-23 01:38 AM
Lot of you guys have mentioned that there were a set of people( Latino immigrant community) there who were not happy with some of the terms in the STRIVE ACT. Could one of you tell us what those terms were ? Since legal immigration reform are hostage to Comprehensive immigration bills at this stage, I am just pondering if those terms become a hindarance in STRIVE getting cleared and consequently section V not getting passed .
Also Ramaonline says that Congressman Guiterrezz told him that he is assured of a support of 180 House democrats and needs 218 Votes to pass the bill. So that leaves us with 38 votes that are needed. From what we see and hear in the news media, there are just a handful of House Republicans now who do not support this Bill . The consensus from the news media is that many of the Republicans who opposed CIR last year have not got re-elected . So if this is the case then 38 Republicans should not be a real problem to find . Any factual opinions ?
Also Ramaonline says that Congressman Guiterrezz told him that he is assured of a support of 180 House democrats and needs 218 Votes to pass the bill. So that leaves us with 38 votes that are needed. From what we see and hear in the news media, there are just a handful of House Republicans now who do not support this Bill . The consensus from the news media is that many of the Republicans who opposed CIR last year have not got re-elected . So if this is the case then 38 Republicans should not be a real problem to find . Any factual opinions ?
more...
willgetgc2005
02-15 08:05 PM
Retrohatao,
You are right. This seems more like a luck factor. If Your stars are good, name check is cleared. Else it just stays stuck. It is ridiculous, they should check a persons background at the time of issuing a visa to come into the USA. Not when he/she has been in the US for several years. IV should raise this issue. This is even more farcical than retrogression. At least in case of retrogression they publish cut off dates. Well, in the case of name check you just don�t know where u stand.
You are right. This seems more like a luck factor. If Your stars are good, name check is cleared. Else it just stays stuck. It is ridiculous, they should check a persons background at the time of issuing a visa to come into the USA. Not when he/she has been in the US for several years. IV should raise this issue. This is even more farcical than retrogression. At least in case of retrogression they publish cut off dates. Well, in the case of name check you just don�t know where u stand.
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yawl
07-16 05:13 PM
they are shameless liars and racists
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willgetgc2005
04-20 03:37 PM
Hello,
I can call right now. Please send me a PM
__________________________________________________
QUOTE=Administrator2]------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,[/QUOTE]
I can call right now. Please send me a PM
__________________________________________________
QUOTE=Administrator2]------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,[/QUOTE]
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Abhinaym
09-10 10:50 AM
How many posts are required to access chat feature?
50, it said on the log in screen.
50, it said on the log in screen.
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sivakumar
02-22 11:57 AM
Hi Friends,
I have a question regarding the new ruling that states that if your Name check is pending for more than 180 days and your PD is current then you I-485 will be approved.
In my case I-485 was filed on 23 june 2007, FP was done on 12Aug 2007, got EAD on 23september 2007.
Since I had a RFE on I-140 it finally got approved on 25th October 2007.
NOW MY QUESTION IS AT WHAT POINT DOES USCIS SEND APPLICATION FOR NAME CHECK? Why I am asking this question is becase I want to calculate the 180 day period. will it be after finger prinitng (e.g 12august07) or after 1-140 got approved (e.g 25october07).
I am under EB2 caterory from India. My priority date is 12 March 2003.
As there is a feeling that the April visa might have 12/01/2003 as the priority date.
I may get it or I might not get it ( depending when FP started)
Please advice,
Thanks a lot in advance and anticipation of an answer :)
Siva.
I have a question regarding the new ruling that states that if your Name check is pending for more than 180 days and your PD is current then you I-485 will be approved.
In my case I-485 was filed on 23 june 2007, FP was done on 12Aug 2007, got EAD on 23september 2007.
Since I had a RFE on I-140 it finally got approved on 25th October 2007.
NOW MY QUESTION IS AT WHAT POINT DOES USCIS SEND APPLICATION FOR NAME CHECK? Why I am asking this question is becase I want to calculate the 180 day period. will it be after finger prinitng (e.g 12august07) or after 1-140 got approved (e.g 25october07).
I am under EB2 caterory from India. My priority date is 12 March 2003.
As there is a feeling that the April visa might have 12/01/2003 as the priority date.
I may get it or I might not get it ( depending when FP started)
Please advice,
Thanks a lot in advance and anticipation of an answer :)
Siva.
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varshadas
01-24 10:33 PM
Let us have a conf call on 01/27/07 at 10.00 AM. I will post the conference details soon.
Thanks,
Varsha
Thanks,
Varsha
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spicy_guy
07-12 05:56 PM
:)Anything can be done without an attorney....the issue arises if USCIS or DOl comes back with a question. Best thing is to put in some money, pay an attorney and let them handle it.
Most of the immigration stuff is simple if everything is clean....but you never know.
Why pay for an attorney unless your case is complicated?
Its straightforward and you can do it on your own.
Again, if your case is a bit different and needs a lot of documentation, you would need an attorney.
Most of the immigration stuff is simple if everything is clean....but you never know.
Why pay for an attorney unless your case is complicated?
Its straightforward and you can do it on your own.
Again, if your case is a bit different and needs a lot of documentation, you would need an attorney.
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rockstart
03-12 08:36 AM
To be able to use the AC21, should the I-140 be already approved for 180 days or more?
No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.
No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.
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smuggymba
09-10 01:05 PM
So, I guess all EB3's with a PD before 2007 should be in a very good shape. No doubt GC is the best but at least they have EAD's and their spouse can work, which I think is a great thing.
The real issue is with post 2007 EB3 filers, correct me if I'm wrong. It seems that prior to 2007, EB2/3 are almost in the same situation. EAD is much better than visa and of course GC is the king. Thanks.
The real issue is with post 2007 EB3 filers, correct me if I'm wrong. It seems that prior to 2007, EB2/3 are almost in the same situation. EAD is much better than visa and of course GC is the king. Thanks.
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go_gc_way
12-27 10:52 PM
Thanks Pappu.
IV members :
Need help !! .. finding regional web sites. As an example
atlantadesi.com in Atlanta.
I have listed cities below , can IV members help find regional web site of the cities below, then we can post in the sites .. We need to take these action items with a SENSE OF URGENCY, just like we MADE CALLS in Lame duck. PREPARATION IS IMPORTANT, INCREASING MEMBERSHIP WILL HELP SOLVE MANY PROBLEMS APART FROM FUNDING.
LET'S COMPLETE THIS EFFORT ASAP.
I am bumping this thread , with a classified in atlantadesi.com
Cities ,I am looking for most popular regional web sites.
1)New York
2)Los Angeles
3)Chicago
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland
31)Oklahoma City
32)Tuscon
IV members :
Need help !! .. finding regional web sites. As an example
atlantadesi.com in Atlanta.
I have listed cities below , can IV members help find regional web site of the cities below, then we can post in the sites .. We need to take these action items with a SENSE OF URGENCY, just like we MADE CALLS in Lame duck. PREPARATION IS IMPORTANT, INCREASING MEMBERSHIP WILL HELP SOLVE MANY PROBLEMS APART FROM FUNDING.
LET'S COMPLETE THIS EFFORT ASAP.
I am bumping this thread , with a classified in atlantadesi.com
Cities ,I am looking for most popular regional web sites.
1)New York
2)Los Angeles
3)Chicago
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland
31)Oklahoma City
32)Tuscon
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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
seahawks
07-26 08:49 AM
are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez
ujjvalkoul
03-07 03:24 PM
at the time when the PD becomes current....and u have used AC21 and now work for new employer. how would the USCIS know. Only way for them to know if to ask for a Employment letter(w/Job Duties, salary etc) and if they notice its not the sponsoring empoyer, they will look at it more closely....By the time all this happens you could be into the next month when you PD could have retrogressed back to 1900 again.....so as I see it....unless USCIS approved GC first thing w/o asking for additional info...is the best case scenario....
