jthomas
05-26 10:39 PM
I was checked by immigration authorities when i was comming from San diego to Los Angeles. Near the check post there were signs to go slow for imigration checks. One border patrol car came besides me and waved his hand to pull towards the curb. I changed my lanes and also helped the border patrol to change his lanes towards the shoulder. He got down from his car and asked me what is my status I told H1B. I showed him my ID card and told him to check my status through my ID card. He returned my ID card and let me go. (I don't know why they let me go maybe my name is spanish and my last name is british)
Just wondering what would the immigration authorities do if they catch a illegal. There are millions of illegals in Los Angeles and they also had rallies almost every year in downtown Los Angeles.
I am not going to carry my immigration document if i am within US. I never have carried during the last 7 years. At the most they would escort me to my residence which is okay for me.
J thomas
I carry my GC, passport etc even if i get out of my house to my lawn.
I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?
Just wondering what would the immigration authorities do if they catch a illegal. There are millions of illegals in Los Angeles and they also had rallies almost every year in downtown Los Angeles.
I am not going to carry my immigration document if i am within US. I never have carried during the last 7 years. At the most they would escort me to my residence which is okay for me.
J thomas
I carry my GC, passport etc even if i get out of my house to my lawn.
I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?
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desi3933
01-31 05:51 PM
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.
That would be absolutely fine.
Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.
____________________
Not a legal advice.
US Citizen of Indian Origin
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.
That would be absolutely fine.
Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.
____________________
Not a legal advice.
US Citizen of Indian Origin
my2cents
09-17 05:22 PM
Probably, Keeping job (at least 6 month to ride wave) is much more important then GC. Smartest people in the world (on wall street) doomed us !!!
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desi3933
01-31 06:00 PM
desi3933,
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
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GCaspirations
10-12 09:21 PM
EB3 - Feb 2004
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
I would like to know if your case has been transferred back to NSC. Also have you received FP notice yet.
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
I would like to know if your case has been transferred back to NSC. Also have you received FP notice yet.
kaisersose
08-17 10:06 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
more...
lvinaykumar
11-26 10:57 PM
My View
I started doing online MBA, the meterial was great and the course required real effort and i liked the program but i was not able to interact with people or learn from there experiences, we had group work but it was mostly to the point. I thought i can learn this stuff on my own with out paying huge amount of money.
Then after my first semister with online MBA, i did not feel like continuing, so i stated looking for part time programs as i need to continue with my job and applied for MEM (Masters in Engeenring Management) program in Northwestern, it is reasonable priced and covered most of the objectives i had in mind. Most of the professors are shared between Kellogg College and McCormick College which are highly ranked, so the quality of education is really great, I love this program and I really find a huge difference between online and part time.
Final Thought, I would any day do a on camps program either part time/full time but not a online program in Management, For technical stuff, online is a great alternative this is save money and time.
Good luck.
I started doing online MBA, the meterial was great and the course required real effort and i liked the program but i was not able to interact with people or learn from there experiences, we had group work but it was mostly to the point. I thought i can learn this stuff on my own with out paying huge amount of money.
Then after my first semister with online MBA, i did not feel like continuing, so i stated looking for part time programs as i need to continue with my job and applied for MEM (Masters in Engeenring Management) program in Northwestern, it is reasonable priced and covered most of the objectives i had in mind. Most of the professors are shared between Kellogg College and McCormick College which are highly ranked, so the quality of education is really great, I love this program and I really find a huge difference between online and part time.
Final Thought, I would any day do a on camps program either part time/full time but not a online program in Management, For technical stuff, online is a great alternative this is save money and time.
Good luck.
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logiclife
12-20 07:55 PM
<If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), 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.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), 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.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
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DDD
03-14 12:06 AM
If ya'll do like a character model contest next time, I think I will be in. But we will need like a 4 week due date...lol. Good job all.
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mbawa2574
02-15 04:59 PM
Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.
US government thinks that Indians and Chinese don't mix up with other races. Are u on drugs ??????????????????:mad:
US government thinks that Indians and Chinese don't mix up with other races. Are u on drugs ??????????????????:mad:
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andycool
07-15 11:02 AM
We got a call from USCIS person for verifying our address. She said our finger prints have been expired and will send new notices (which will reach us in about 3 weeks)
hmm.
wow this interesting so they are looking at cases which are current for August ...:)...
did you change your address recently ??
When did you get The Call.
Thanks
hmm.
wow this interesting so they are looking at cases which are current for August ...:)...
did you change your address recently ??
When did you get The Call.
Thanks
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ns007
04-21 08:27 AM
Sorry, did not see this thread before.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
more...
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StarSun
02-02 08:28 AM
Members who have pledged airline miles or stay in the registration form, please use this thread.
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immique
07-03 01:42 AM
I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
how can you argue that quota system in EB categories is fair when there is no quota system in H1 visas? do you really think it is fair that a person from retrogressed country wait for 7-10 years in the same category or even a higher EB category when a similar person in other countries see their application cleared in a few months. just imagine yourself being in the less favorable/retrogressed category. EB system is based on qualifications and not the country of Origin. I don't have any issue regarding diversity. diversity is good but I don't think penalizing qualified individuals from a few countries just based on the country of Origin bodes well for the future of immigration especially when US is trying to attract high skilled immigrants.
how can you argue that quota system in EB categories is fair when there is no quota system in H1 visas? do you really think it is fair that a person from retrogressed country wait for 7-10 years in the same category or even a higher EB category when a similar person in other countries see their application cleared in a few months. just imagine yourself being in the less favorable/retrogressed category. EB system is based on qualifications and not the country of Origin. I don't have any issue regarding diversity. diversity is good but I don't think penalizing qualified individuals from a few countries just based on the country of Origin bodes well for the future of immigration especially when US is trying to attract high skilled immigrants.
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laborchic
09-12 11:06 AM
So many people in NJ Thread... How many are coming for the rallly....
Please forrward the Businessweek article to everyone.. This may give us a good bump in increasing the attendance..
Please forrward the Businessweek article to everyone.. This may give us a good bump in increasing the attendance..
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desi3933
03-10 02:28 PM
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Would you mind explaining two "they" here? Whom you are referring to?
Hint: This is a trap question.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
Would you mind explaining two "they" here? Whom you are referring to?
Hint: This is a trap question.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
more...
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belmontboy
05-23 02:19 PM
That is what these computer workers do. Go to forums, steal code, copy that at the appropriate place, change variable names and screw up all the copyright issues.
what is your job?
what is your job?
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nitlsu
04-04 11:16 AM
I don't think this bill would be of any consequence to the goal of IV unless they can maybe attach some GC-relief provisions to it.
In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.
In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.
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Hermione
09-26 10:55 AM
FSB debate is on H1-B raise and NOT on PR visas. So, I dont see reason to participation in debate. Thanks for the info though.
Actually, I think participating in the debate to present the other point of view (as in 'foreign workers are good for the US economy') is a good thing to do. Giving the forum out to the antis is a good way to make sure Durbin gets his message reaffirmed. Well, that's all true, unless you are one of those people who likes to yell 'Close the door!' right after they get in.
Actually, I think participating in the debate to present the other point of view (as in 'foreign workers are good for the US economy') is a good thing to do. Giving the forum out to the antis is a good way to make sure Durbin gets his message reaffirmed. Well, that's all true, unless you are one of those people who likes to yell 'Close the door!' right after they get in.
Macaca
09-26 12:38 PM
Don't Drag India into everything!
Please, Have an open mind. Don't make statements like this.
IV has people from across the globe and each country has its own issues. We are trying to deal with the issues in the US and lets focus on that and not drag in other countries as examples (good or bad).
Thanks for saying it. Please do not hesitate to say it again and again and again ..., for
To sin by silence
when they should protest
makes cowards of men
Abraham Lincoln
Please, Have an open mind. Don't make statements like this.
IV has people from across the globe and each country has its own issues. We are trying to deal with the issues in the US and lets focus on that and not drag in other countries as examples (good or bad).
Thanks for saying it. Please do not hesitate to say it again and again and again ..., for
To sin by silence
when they should protest
makes cowards of men
Abraham Lincoln
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.