akela_topchi
02-18 06:04 PM
I think this bill is to legalize the illegals.
Powerful Hispanic caucus in Dem party would try every trick they can to legalize those who jumped the fence. Hispanics voted 4-1 for Obama so now they're in a better position to negotiate.
But, nobody is going to touch immigration before 2010 congressional elections - because (1) Economy (2) status quo favors Dems
Powerful Hispanic caucus in Dem party would try every trick they can to legalize those who jumped the fence. Hispanics voted 4-1 for Obama so now they're in a better position to negotiate.
But, nobody is going to touch immigration before 2010 congressional elections - because (1) Economy (2) status quo favors Dems
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abd
09-21 01:59 PM
May be approval is few hours away for you.
I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...
I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...
nyte_crawler
04-07 12:32 PM
After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.
(2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.
(3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.
So, Cut the crap and do your work.
You seem to be drawing conclusions out of nowhere. What�s up with you and desi software consultants? Please stop posting incendiary remarks about any group of people. I understand you have your opinion, but please be constructive and justify it based on facts, not on some rumor and your own personal vendetta. Just like you, everybody have their right to have their opportunities to improve their life and betterment of their communities they surround themselves with.
(2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.
(3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.
So, Cut the crap and do your work.
You seem to be drawing conclusions out of nowhere. What�s up with you and desi software consultants? Please stop posting incendiary remarks about any group of people. I understand you have your opinion, but please be constructive and justify it based on facts, not on some rumor and your own personal vendetta. Just like you, everybody have their right to have their opportunities to improve their life and betterment of their communities they surround themselves with.
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logiclife
12-20 04:54 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
more...
makemygc
01-30 08:33 PM
[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
sam_hoosier
07-02 12:51 PM
I support it.
more...
coopheal
10-15 05:09 PM
I will send the letter tommorow.
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vkannan
11-12 10:59 PM
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
more...
ksvreg
06-10 01:45 PM
best bet is eb3 to eb2 conversion in addition to advocacy efforts?
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GreenCard4US
07-16 09:12 PM
Someone mentioned that IV has the same web fax facility. Can someone tell us how to use this facility. I registered with the numbersusa site and used their own fax to send out our message. I used the first name, last name and address form fields to put in our message like, "Bunch of Lies", "H1 pay all taxes", Numbersusa is spreading false information". Lets beat them at their own game by sending faxes ourselves and also using their fax service to spread our message. If its a good idea, please register on their site and send out faxes with our message.
more...
sri1309
09-10 06:01 PM
Its time to ask for our share.
Our strong points must be anyone legally in US for 8+ years must be granted Citizenship. We have suffered the pain, now they do something to help forget that. 5 years, should be eligible for a GC.
We must push for this. Unless you ask, why will they even bother. Doenst mean we didnt ask in the past, but we must ask what we deserve.
8 years+, worked like a dog, behaved responsibily everywhere, have good qualifications. etc etc.. what else do you need to do. We shouldnt be paying for their lapses. We must push them and also push our employers again and again and again till we get this. US is very good in many aspects, but lagging here. Unless you highlight it, unless you say ALOUD that we are not respected here, they will not hear.. We need a campaign that none is seeing or taking any initiative in the last 3 months. I see 10s of threads talking same things..
Core guys.. we need your help
Sri
$100 one time.
Our strong points must be anyone legally in US for 8+ years must be granted Citizenship. We have suffered the pain, now they do something to help forget that. 5 years, should be eligible for a GC.
We must push for this. Unless you ask, why will they even bother. Doenst mean we didnt ask in the past, but we must ask what we deserve.
8 years+, worked like a dog, behaved responsibily everywhere, have good qualifications. etc etc.. what else do you need to do. We shouldnt be paying for their lapses. We must push them and also push our employers again and again and again till we get this. US is very good in many aspects, but lagging here. Unless you highlight it, unless you say ALOUD that we are not respected here, they will not hear.. We need a campaign that none is seeing or taking any initiative in the last 3 months. I see 10s of threads talking same things..
Core guys.. we need your help
Sri
$100 one time.
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Slowhand
06-14 10:21 AM
Hi:
My wife came to US on L1. She got her H1 approved for this year and she resigned her L1 job. Now should we apply for H4 (dependent) since we have a few more months to go till her H1 kicks in or can she apply for an adjustment of status?
Anybody?
Thanks and regards,
Slowhand
My wife came to US on L1. She got her H1 approved for this year and she resigned her L1 job. Now should we apply for H4 (dependent) since we have a few more months to go till her H1 kicks in or can she apply for an adjustment of status?
Anybody?
Thanks and regards,
Slowhand
more...
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thecipher5
10-12 03:22 PM
Hello!
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
My wife and mine PD have been current since September 1st (PD: Apr 2006). We'd received a RFE in 2009 and we'd responded to it in June 2009. The status on USCIS states "Response Review" for both of us and that we should hear back within 60 days of receiving the RFE response which dates back to June 2009.
I've opened a SR, contacted a congressman and still no update or specific feedback since 1st week of September.
What should I do in such a situation?? Can I take an Infopass appointment even though 45 days haven't elapsed since opening SR?
What other avenues can I pursue to obtain concrete feedback on our applications?
all the help appreciated!
thecipher5
I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...
My wife and mine PD have been current since September 1st (PD: Apr 2006). We'd received a RFE in 2009 and we'd responded to it in June 2009. The status on USCIS states "Response Review" for both of us and that we should hear back within 60 days of receiving the RFE response which dates back to June 2009.
I've opened a SR, contacted a congressman and still no update or specific feedback since 1st week of September.
What should I do in such a situation?? Can I take an Infopass appointment even though 45 days haven't elapsed since opening SR?
What other avenues can I pursue to obtain concrete feedback on our applications?
all the help appreciated!
thecipher5
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dhesha
03-16 03:06 PM
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
Similarly - LC SUB guys are getting into the middle of the line even though they came to US years after many of us who are already in pipe-line. This is even more pathetic.
Similarly - LC SUB guys are getting into the middle of the line even though they came to US years after many of us who are already in pipe-line. This is even more pathetic.
more...
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nixstor
07-05 02:15 PM
Damn straight, I am one of the free riders.. But I contribute back by doing the work... I have emailed and called media personnel, office bearers etc.. why should I pay on top of that?? When I make the calls, write the emails, I dont think I will be singled out and the only person to benefit out of it...
Once again, please focus on the issues at hand, once the VB fiasco has died down, we will have a lot of time on our hands to work out payments on the site...
My checking this thread is probably bumping it up, so i'm not coming back here.. dont bother to reply, i dont subscribe to the threads..
Thanks a lot for helping yourself and us. But you have revealed your
short sightedness in thinking that by calling, emailing, digging you have done your job. With out $$$, all this grass roots work will not get any where. Its your choice to understand the importance of contributions or not but do not discount them saying that emailing/calling is more than enough.
Once again, please focus on the issues at hand, once the VB fiasco has died down, we will have a lot of time on our hands to work out payments on the site...
My checking this thread is probably bumping it up, so i'm not coming back here.. dont bother to reply, i dont subscribe to the threads..
Thanks a lot for helping yourself and us. But you have revealed your
short sightedness in thinking that by calling, emailing, digging you have done your job. With out $$$, all this grass roots work will not get any where. Its your choice to understand the importance of contributions or not but do not discount them saying that emailing/calling is more than enough.
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piyu7444
01-31 04:39 PM
Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
more...
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mgmanoj
06-10 07:49 PM
Done - sent to Alabama senators
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ashwin_27
06-13 12:10 AM
If this has not been done already..a good idea might be to spread this message among the hundreds of International Student (including Indian/Chinese) associations. They are already having trouble entering as graduates into a tough job market and this anti-H1B proposal will only make things worse...no additional incentive for students to join this IV initiative. I will forward to my alma mater and couple of other student associations I am aware of.
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deepakjain
05-26 05:58 PM
Driver License issued till 2007 were not based on immigration [i797 or I94], I was issued driver license for 7 years...
Now a days DMV is asked for I-94 and I 797 or EAD card validity at the time of License renewal....
Tax return documents are also not a reflection of your immigration status or validity.
Many of us get confused on Visa Stamp on passport and Immigration status.
Visa Stamp is to let anyone cross the border and I-797 is a document which tells your immigration status. I might have a expired Visa on my passport but have a valid I-797.
If anyone asks you about Immigration Status it is advisible to show I-797 rather then anything else.
Now a days DMV is asked for I-94 and I 797 or EAD card validity at the time of License renewal....
Tax return documents are also not a reflection of your immigration status or validity.
Many of us get confused on Visa Stamp on passport and Immigration status.
Visa Stamp is to let anyone cross the border and I-797 is a document which tells your immigration status. I might have a expired Visa on my passport but have a valid I-797.
If anyone asks you about Immigration Status it is advisible to show I-797 rather then anything else.
kpchal2
07-18 09:52 AM
hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process
prakashv44
09-21 02:51 PM
I am with you
