prioritydate
12-20 07:03 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
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.
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.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
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.
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.
wallpaper But dragging your makeup bag
sukhwinderd
02-09 08:43 AM
I would like to join, I live in Orlando area... do you happen to hear from other interested members?
most likely one of my friends will join. so 3 of us till now. i am trying to check with my other friends.
most likely one of my friends will join. so 3 of us till now. i am trying to check with my other friends.
grinch
03-12 07:23 PM
OMG these are all amazing! I can't imagine how much work went into these. I know nothing about 3d art/programs so I'm not sure what it takes to make curves and such. I loved Elisoe's for the openess and the pipes in the ceiling, BlueSun's for the tile work, and ThirdWorld's for the colors and curves. But I voted Grinch because the map on the wall is killer and looks very real. And plus I'm a cartographer so it just caught my eye. Makes me want to step in and take a closer look at it.
Great job everyone! This was a cool battle! :thumb:
Whoa... Awsome, I'm so suprised that I actually got votes, I'm a newbie, and it feels good to have votes for me! thanks!
Great job everyone! This was a cool battle! :thumb:
Whoa... Awsome, I'm so suprised that I actually got votes, I'm a newbie, and it feels good to have votes for me! thanks!
2011 Lil#39; Kim will be joining
vnkpaul
09-15 04:09 PM
I am currently working for company X on L1B visa, my visa is valid till Sep 2009 and My I94 is valid till Apr 2010. I was in India in April 2008 and I had applied for a H1B visa via company Y (in US) in April 2008 and my petition got selected and approved in the lottery and I am eligible to get it stamped from 1st October 2008.
I have been on L1 2 times for about 1 year duration each time.
My questions are:
1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?
Please reply... Thanks in advance...
I have been on L1 2 times for about 1 year duration each time.
My questions are:
1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?
Please reply... Thanks in advance...
more...
CSPAvictim
07-10 05:38 PM
Note: Administrators/Moderators, please move this post to the appropriate thread, or delete it if this has already been posted elsewhere.
Source: http://www.murthy.com
Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07) Posted 2:45pm
The response has been so strong that currently we do not need any more potential plaintiffs who submitted an adjustment application for receipt in July, unless the individuals have an unusual situation or especially compelling facts, such as an aging-out child. At this time, we also would like to hear from the �non-filers� -- people who did not and do not plan to submit an adjustment application for receipt in July but would have done so �but for� the DOS and USCIS actions. These individuals will represent a separate class of plaintiffs. And we�d like to hear from more �other worker� adjustment applicants who applied in June, even if they have not yet received a rejection notice. These individuals will represent a separate class as well.
If the lawsuit is successful (and we fully expect it will be), the court will certify classes, and all people who meet the class descriptions will receive the relief the court orders. The class members will not need to �sign up� with AILF to enjoy those rights.
Regarding �non-filers� � As our July 7 InfoNet update explained, and as we explain in our FAQ, we will include a class of people who would have submitted their adjustment applications for receipt in July, �but for� the government�s actions. The government may try to, or the court may want to treat this class differently from the class of people who submitted applications for receipt in July. Our aim is to do the best possible for both groups.
How soon will we file the law suit? Very soon. It is not easy or quick to prepare class action litigation involving numerous people and numerous claims, but we are working quickly because of the urgency of these events for so many people.
Injunction? AILF knows many people want a quick resolution, as do we. A temporary or ill-conceived order might create more chaos and confusion than we saw in late June / early July. And the government presumably would immediately appeal, creating even more confusion about whether applications were being accepted. By contrast, we intend to seek an injunction that will be forward-looking and will not create another crisis situation for AILA members or the government.
Source: http://www.murthy.com
Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07) Posted 2:45pm
The response has been so strong that currently we do not need any more potential plaintiffs who submitted an adjustment application for receipt in July, unless the individuals have an unusual situation or especially compelling facts, such as an aging-out child. At this time, we also would like to hear from the �non-filers� -- people who did not and do not plan to submit an adjustment application for receipt in July but would have done so �but for� the DOS and USCIS actions. These individuals will represent a separate class of plaintiffs. And we�d like to hear from more �other worker� adjustment applicants who applied in June, even if they have not yet received a rejection notice. These individuals will represent a separate class as well.
If the lawsuit is successful (and we fully expect it will be), the court will certify classes, and all people who meet the class descriptions will receive the relief the court orders. The class members will not need to �sign up� with AILF to enjoy those rights.
Regarding �non-filers� � As our July 7 InfoNet update explained, and as we explain in our FAQ, we will include a class of people who would have submitted their adjustment applications for receipt in July, �but for� the government�s actions. The government may try to, or the court may want to treat this class differently from the class of people who submitted applications for receipt in July. Our aim is to do the best possible for both groups.
How soon will we file the law suit? Very soon. It is not easy or quick to prepare class action litigation involving numerous people and numerous claims, but we are working quickly because of the urgency of these events for so many people.
Injunction? AILF knows many people want a quick resolution, as do we. A temporary or ill-conceived order might create more chaos and confusion than we saw in late June / early July. And the government presumably would immediately appeal, creating even more confusion about whether applications were being accepted. By contrast, we intend to seek an injunction that will be forward-looking and will not create another crisis situation for AILA members or the government.
r2i2009
11-14 09:06 PM
Guys,
Let us wait till April 09. Pres has more priorities....if he does not revive the economy.....there is no user of our GCs.....let him work on that for a while
With such a bad economy.......ECONOMY takes the highest.
Why are we bothered ....we have EADs....so relax.
If he takes up the immigration issue next year....people will get pissed off
Not for us but for some one they will meet and discuss
http://judiciary.house.gov/hearings/calendar.html
If Zoe can bring this up then we may be able to push for HR 5882. Seems like no one is interested in HR 5882.
Come on ! some one from california should help us in this one.. Call Zoe's office and find out where we are on HR 5882.
Let us wait till April 09. Pres has more priorities....if he does not revive the economy.....there is no user of our GCs.....let him work on that for a while
With such a bad economy.......ECONOMY takes the highest.
Why are we bothered ....we have EADs....so relax.
If he takes up the immigration issue next year....people will get pissed off
Not for us but for some one they will meet and discuss
http://judiciary.house.gov/hearings/calendar.html
If Zoe can bring this up then we may be able to push for HR 5882. Seems like no one is interested in HR 5882.
Come on ! some one from california should help us in this one.. Call Zoe's office and find out where we are on HR 5882.
more...
BPforGC
03-10 04:16 PM
Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
2010 -Your make up is simple.
FucTheGC
06-06 10:56 PM
Mine is similar to you case, PD- Jan 23 2004, RD July 23 2007, ND Aug 24 2008
Do feel they go by processing times striclty?
If the case is straight forward they go by processing times and receipt date.
Do feel they go by processing times striclty?
If the case is straight forward they go by processing times and receipt date.
more...
illinois_alum
07-16 08:15 AM
Your company should be quite rich to keep paying for EAD's and AP's you don't need, with their periodical extensions, and also for your H1 renewals....
Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D
Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D
hair pictures like Kim, but your
crystal
07-28 02:02 PM
Yawn ...
Adding to the rant ....
This country's once celebrated Individual Freedom has gone to the dogs after 9/11 with many screwed up bills like Patriot Act , FISA. First Amendment will cover our ass only to an extent...
my 2 cents .. if there is anything we all have to fight/wake up for then it is about individual freedom, not about religions/images/symbols/cartoons.
Adding to the rant ....
This country's once celebrated Individual Freedom has gone to the dogs after 9/11 with many screwed up bills like Patriot Act , FISA. First Amendment will cover our ass only to an extent...
my 2 cents .. if there is anything we all have to fight/wake up for then it is about individual freedom, not about religions/images/symbols/cartoons.
more...
slowwin
06-16 01:06 PM
what happened with this amdt. Did it fail or pass ?:confused:
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gcseeker2002
12-27 10:38 AM
Dubai - no issues without valid stamp
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
God Bless Asian countries :
Singapore - Never heard of transit visa
Bangkok - Never heard of transit visa
Seoul - Never heard of transit visa
Tokyo - They may introduce it soon as they think they are western country
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
God Bless Asian countries :
Singapore - Never heard of transit visa
Bangkok - Never heard of transit visa
Seoul - Never heard of transit visa
Tokyo - They may introduce it soon as they think they are western country
more...
house Take a little hair clip to
feedfront
09-14 04:48 PM
what is EVL?
I also got an RFE asking for my employer letter. I moved to IL from CA.
I got the letter from employer and submitted to USCIS... waiting for answer..
Employment Verification Letter.
I also got an RFE asking for my employer letter. I moved to IL from CA.
I got the letter from employer and submitted to USCIS... waiting for answer..
Employment Verification Letter.
tattoo have curly hair like Kim,
vin
09-28 04:08 AM
Come on guys, stop comparing the US with the EU. Even though the $ is down a little bit due to the Subprime mess, it's only a temporary phenomenon and investors will be soon rushing into the US once confidence improves and $ will regain.
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
more...
pictures how do u get waves like this?
Legal_In_A_Limbo
03-07 11:07 AM
I think this is out of topic, but regarding AC-21.
My husband is changing jobs, so he wants to file G-28 by him self.
Has anyone done that, and can help that will be great.
Thanks.
My husband is changing jobs, so he wants to file G-28 by him self.
Has anyone done that, and can help that will be great.
Thanks.
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msp1976
12-21 09:28 AM
Please take time to write to the New Jersey Senators this holiday season to encourage them to take up the immigration legislation
Lautenberg, Frank R.- (D - NJ) Class II
324 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3224
Web Form: http://lautenberg.senate.gov/contact/
Menendez, Robert- (D - NJ) Class I
502 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4744
Web Form: http://menendez.senate.gov/contact/contact.cfm
Lautenberg, Frank R.- (D - NJ) Class II
324 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3224
Web Form: http://lautenberg.senate.gov/contact/
Menendez, Robert- (D - NJ) Class I
502 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-4744
Web Form: http://menendez.senate.gov/contact/contact.cfm
more...
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xyzgc
01-17 11:58 PM
I agree with what xyzgc says ..though I guess the last sentence should be changed to "how can you buy long term Immovable assets without getting the permanent residency ?? :)"
Thanks, you are the only one who agrees. Its ok. The rest are fools (in their opinion, I'm stupid, its ok).
Thanks, you are the only one who agrees. Its ok. The rest are fools (in their opinion, I'm stupid, its ok).
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WAIT_FOR_EVER_GC
07-13 07:46 PM
just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2
reasoning was Oct # would be released so they r trying to capture as many # as they can
I am april 2006 and it seems it will be a 1 yr wait foir me now.
This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
He must have said Aug 2006 not Aug 2005.
Whoever the lawyer is, he has no idea of how cutoff dates are calculated
reasoning was Oct # would be released so they r trying to capture as many # as they can
I am april 2006 and it seems it will be a 1 yr wait foir me now.
This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
He must have said Aug 2006 not Aug 2005.
Whoever the lawyer is, he has no idea of how cutoff dates are calculated
hairstyles What do you guys think? Is Kim
sajimm
12-13 04:18 PM
I'm getting confused on the date part after reading various posts.
Is it mandatory to wait for 180 days after I140 to port your PD from an old I140 to a new I140(with a different company) ?
To change jobs and continue the same GC process I believe one has to complete at-least 1180 days in I485 stage. However in this stage the new job title and responsibilities should be same
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Is it mandatory to wait for 180 days after I140 to port your PD from an old I140 to a new I140(with a different company) ?
To change jobs and continue the same GC process I believe one has to complete at-least 1180 days in I485 stage. However in this stage the new job title and responsibilities should be same
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
GC_ASP
03-18 05:47 PM
Thats what I understood as well. Eb-2 benefited the most because of this.
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
lordoftherings
07-04 07:47 PM
Yes, if all this is true, then going the lawsuit way is not the right step. They should now use this to force USCIS make some changes. One of them would allowing to file I-485 right after I-140 approval irrespective of whatever the PD is. When PDs become current the processing will start. This change will give releif to a lot of victims and future filers.
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