jcmenon
07-24 10:54 AM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
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BECsufferer
02-13 06:52 PM
FYI .. This post is what I received in e-mail few days back.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
Dude;
This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!
So thank God this is happening and hope USCIS does good job this time.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
Dude;
This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!
So thank God this is happening and hope USCIS does good job this time.
Canadian_Dream
12-11 02:43 PM
Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
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yasimk
06-20 05:26 PM
Hi,
I am planning to file EAD & AP on my own and separately from I-485.
Our company will incur the charge for processing I-485 for me and my spouse. But they won't incur the charge for filing EAD and AP. All the attorneys are charging hefty amount for filing EAD & AP. So I am thinking to file EAD & AP on my own and let company take care of my I-485.
So my questions are
1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.
The concern is because in #10 of I-765 form, there is a section that asks for Alien Registration Number (A-number) or I-94 Number.
2) Is it ok if the I-485 applications are sent by the company and EAD & AP are sent by me and both of these documents reach separately at INS?
Generally most of the applications will reach INS in one bundle. Because I am sure most of the applicants will file I-485/EAD/AP in one shot. But in my case, it will be 2 reaching INS in 2 separate bundles. So is it ok, in my case?
Please advise.
Regards
~~~~~Y
I am planning to file EAD & AP on my own and separately from I-485.
Our company will incur the charge for processing I-485 for me and my spouse. But they won't incur the charge for filing EAD and AP. All the attorneys are charging hefty amount for filing EAD & AP. So I am thinking to file EAD & AP on my own and let company take care of my I-485.
So my questions are
1) Is it ok if I file EAD & AP separately from I-485?
Or should i wait till I-485 approval is received and then file EAD & AP.
The concern is because in #10 of I-765 form, there is a section that asks for Alien Registration Number (A-number) or I-94 Number.
2) Is it ok if the I-485 applications are sent by the company and EAD & AP are sent by me and both of these documents reach separately at INS?
Generally most of the applications will reach INS in one bundle. Because I am sure most of the applicants will file I-485/EAD/AP in one shot. But in my case, it will be 2 reaching INS in 2 separate bundles. So is it ok, in my case?
Please advise.
Regards
~~~~~Y
more...
praveenat11
09-26 01:28 PM
Thanks immigal for ur help
delhirocks
07-02 10:35 PM
Signed up for $50 monthly contribution today. Contributed since June 1st = $120. Hope this small contribution will be helpful in this endeavor.
more...
Jitamitra
06-08 06:04 PM
Same old stuff. I dont see a light at the end of the tunnel till some immigration reform bill gets shoved in or a comprehensive immigration bill is introduced.
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
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the_googly
11-13 11:09 AM
Not sure if we can conclude that there has been NO spillover. The dates have not moved back (retrogressed). You need more visa numbers than the quota - even to hold the dates. The only way to find out is to get the pending visa numbers report.
more...
natrajs
04-23 08:46 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats and Best Wishes
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats and Best Wishes
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va_jan_03
12-13 09:44 AM
I am sure the IV core would have thought about this option of contacting USCIS and let them know the problems because of retrogression.
But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.
But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.
more...
am100
07-06 01:23 AM
Did u Used AC21 or changes job after applying I-485 Or is it a stright forward case.
Thanks in advance for the reply.
Sorry for the late response. I was actually out of country when my GC got approved. Just got back today.
I did not use AC 21. I have been with the same employer throughout the process. However, I changed job location after 140 approval. Hence, I had to refile labor (PERM) from new location but ported the older PD. Since, my PD was not current, I did not loose any time even with refiling labor. Hope this helps. Please let me know if if you have any more questions.
Thanks in advance for the reply.
Sorry for the late response. I was actually out of country when my GC got approved. Just got back today.
I did not use AC 21. I have been with the same employer throughout the process. However, I changed job location after 140 approval. Hence, I had to refile labor (PERM) from new location but ported the older PD. Since, my PD was not current, I did not loose any time even with refiling labor. Hope this helps. Please let me know if if you have any more questions.
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lahiribaba
03-10 11:44 AM
You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases� Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.
well you got to re plumb once in a while dont you?
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well you got to re plumb once in a while dont you?
the water and drainage system that worked 100 years ago does not work now ... or does it?
more...
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battineni
09-09 12:44 PM
Number of VISA numbers are same for EB2 I and EB3 I or not???
If in case same....why we not getting any approvals for EB3 compare to EB2?
I can understand why EB3 in 2001 and EB2 in 2006..
but my question is .... why Eb3 is not moving when EB2 is moving?
=====
Note: I'm not saying anything against EB2 people....I'm just comparing.
=====
If in case same....why we not getting any approvals for EB3 compare to EB2?
I can understand why EB3 in 2001 and EB2 in 2006..
but my question is .... why Eb3 is not moving when EB2 is moving?
=====
Note: I'm not saying anything against EB2 people....I'm just comparing.
=====
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prioritydate
12-22 12:51 AM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
more...
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pappu
01-19 10:13 PM
Hello Members,
I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..
1. Meet the law members compaign. List of Congress Members is below:
http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
3. Commercials in Theaters playing Hindi movies
4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.
It is up to us to get these initiatives going as soon as we can.
Thanks for attending the call and taking initiative.
I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..
1. Meet the law members compaign. List of Congress Members is below:
http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
3. Commercials in Theaters playing Hindi movies
4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.
It is up to us to get these initiatives going as soon as we can.
Thanks for attending the call and taking initiative.
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spicy_guy
07-13 06:38 PM
August 2010 Visa Bulletin – EB-2 and EB-3 Substantial Forward Movement (http://www.cilawgroup.com/news/2010/07/13/august-2010-visa-bulletin-%E2%80%93-eb-2-and-eb-3-substantial-forward-movement/)
"
Forward Movement Is Temporary
Note that the substantial forward movement does not indicate a trend; instead, the last two visa bulletins� forward movement was to ensure that no available visa numbers remain unused due to poor allocation of the unused numbers. We expect that there be some retrogression over the next 1-3 months.
Please do not hesitate to contact us if you have any questions or if we can help you prepare and file your I-485 adjustment application, should your priority date become current.
"
"
Forward Movement Is Temporary
Note that the substantial forward movement does not indicate a trend; instead, the last two visa bulletins� forward movement was to ensure that no available visa numbers remain unused due to poor allocation of the unused numbers. We expect that there be some retrogression over the next 1-3 months.
Please do not hesitate to contact us if you have any questions or if we can help you prepare and file your I-485 adjustment application, should your priority date become current.
"
more...
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sw33t
01-18 06:30 PM
US Code, Title 8 � 1304. Forms for registration and fingerprinting
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
By law, you are not suppose to make copies of an official US document.
Also, a police officer cannot deport you. He will most likely make a call to the nearest border security post and can either chose to hand you over to them or check your status over radio/phone.
Rule of thumb for all immigrants is to make sure you carry your documents when traveling withing 100 miles of the US border.
If you are a student, some cops will also let you go if you show your student ID combined with your State Issued ID.
For those states that required for you to prove your valid immigration status when applying for a state ID, a gentle plea to the cop that the state couldn't have issued your ID unless they verify your status, might work!
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.
By law, you are not suppose to make copies of an official US document.
Also, a police officer cannot deport you. He will most likely make a call to the nearest border security post and can either chose to hand you over to them or check your status over radio/phone.
Rule of thumb for all immigrants is to make sure you carry your documents when traveling withing 100 miles of the US border.
If you are a student, some cops will also let you go if you show your student ID combined with your State Issued ID.
For those states that required for you to prove your valid immigration status when applying for a state ID, a gentle plea to the cop that the state couldn't have issued your ID unless they verify your status, might work!
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msgrewal81
02-19 12:20 PM
well said Jaime...We should support this bill..
Read this carefully before you comment here:
"fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".
This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.
In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.
Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.
Read this carefully before you comment here:
"fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".
This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.
In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.
Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.
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raj2007
03-07 02:50 PM
I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
Your vendor is desi guy?
I have never seen vendor informing the employer.
You are ok even if he cancels ur H1.
My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.
Thanks,
Your vendor is desi guy?
I have never seen vendor informing the employer.
You are ok even if he cancels ur H1.
GCAmigo
12-27 10:42 AM
was visiting India after 5 years..the visa on my passport expired in 2003.. no transit visa.. had the new Visa document with me though.. missed the connecting KLM flight in Amsterdam & the next available flight was the following day.. the Airline staff went through my Visa document & gave me a 24-hr transit Visa & did put me up @ a hotel outside the Airport.. 'twas a blessing in disguise as I could tick AMS off my 'to visit' list..
chanduv23
02-15 07:03 AM
I have heard that there are desi consultants who sponsor H-1 for people graduating with Masters in US, irrespective of which field they are in. Is this true? Sounds a bit fishy to me.
Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.
This seems to be a trend, though the practice seems not too good. As most immigrant students are hard working and determined, they put additional hours and make up for experience and perform well at clients. They get a decent 65K to start with from the consulting company and their h1bs are filed well before the cap ends.
Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.
This seems to be a trend, though the practice seems not too good. As most immigrant students are hard working and determined, they put additional hours and make up for experience and perform well at clients. They get a decent 65K to start with from the consulting company and their h1bs are filed well before the cap ends.
