file485
12-22 08:34 AM
this is our history...
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
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andy garcia
01-25 10:39 AM
And hoping that some more data, some more pointers, and some more information comes out of this thread, before it dies.
Data and estimates and links to websites needed for estimating when a PD would become current.
Can you re-estimate the new dates. Using this data
******* EB Pref*******EB3
FY**|*Total*|INDIA | *Total* |India
2000|107,024| 15888| 049,736| 05567
2001|179,195| 41720| 086,058| 16405
2002|174,968| 41919| 088,555| 17428
2003|082,137| 20818| 046,613| 10680
2004|155,330| 39496| 085,969| 19962
2005|246,877| 47160| 129,070| 23399
2006|?????????TBP in the near future ???????
THis are the number of visas issued for each fiscal year since FY 2000 for the EB preference.
They are under this link:DOS Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)
andy
Data and estimates and links to websites needed for estimating when a PD would become current.
Can you re-estimate the new dates. Using this data
******* EB Pref*******EB3
FY**|*Total*|INDIA | *Total* |India
2000|107,024| 15888| 049,736| 05567
2001|179,195| 41720| 086,058| 16405
2002|174,968| 41919| 088,555| 17428
2003|082,137| 20818| 046,613| 10680
2004|155,330| 39496| 085,969| 19962
2005|246,877| 47160| 129,070| 23399
2006|?????????TBP in the near future ???????
THis are the number of visas issued for each fiscal year since FY 2000 for the EB preference.
They are under this link:DOS Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)
andy
pappu
12-26 03:41 PM
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle.....
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
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lord_labaku
09-18 12:39 AM
This is not just contained in the US. Yes sub prime mortgage mess was concentrated in the US. credit crunch is affecting globally. This is unprecedented in recent years. Analyst opinions can be thrown out the window. There is big psychology to play. Are you willing to trust where u have ur money or not.? Thats the bottomline question at all levels...banks, bonds, stocks, commodities, options..country reserves etc.
Fed & treasury (also other similar global regulators - I know of Russia & India) are also pumping money into the system to prevent a total meltdown.
Liquifying of assets will happen sooner rather than later. Cash is King, Queen, Rook, ...pawn etc. But what is this cash? is this currency note that is getting devalued by the minute (global currency devaluation is going on). Or is this some commodity like Gold, oil? Whats gonna happen to gold prices? Oil prices are down in the condition that people consume less....global recession. Confidence in the fundamental economic system needs to happen for things to pick up. IMO that will happen only when the whole system is purged of such unregulated manipulation of paper money. Its gonna be back to basics - macro economic lesson for the whole world. price = where supply & demand curve meet.
As long as other global economies that rely & be dependent on the US economy still have faith in the US treasury...it may still be ok...but who knows when China is gonna start dumping US investments & adding gold to their reserves at a faster pace...at that time...more bets are off.
Another specific comment about someone mentioning socializing loss....to an extent thats true...but it wasnt like the majority of the US people didnt contribute to this mess...they did when they kept borrowing unending into the paper equity of their home value. They got to pay for it somehow tthrough their tax dollars. As for the few who judiciously saved & lived within their means...I really hope that the mess is contained enough to not wipe out their savings.
Fed & treasury (also other similar global regulators - I know of Russia & India) are also pumping money into the system to prevent a total meltdown.
Liquifying of assets will happen sooner rather than later. Cash is King, Queen, Rook, ...pawn etc. But what is this cash? is this currency note that is getting devalued by the minute (global currency devaluation is going on). Or is this some commodity like Gold, oil? Whats gonna happen to gold prices? Oil prices are down in the condition that people consume less....global recession. Confidence in the fundamental economic system needs to happen for things to pick up. IMO that will happen only when the whole system is purged of such unregulated manipulation of paper money. Its gonna be back to basics - macro economic lesson for the whole world. price = where supply & demand curve meet.
As long as other global economies that rely & be dependent on the US economy still have faith in the US treasury...it may still be ok...but who knows when China is gonna start dumping US investments & adding gold to their reserves at a faster pace...at that time...more bets are off.
Another specific comment about someone mentioning socializing loss....to an extent thats true...but it wasnt like the majority of the US people didnt contribute to this mess...they did when they kept borrowing unending into the paper equity of their home value. They got to pay for it somehow tthrough their tax dollars. As for the few who judiciously saved & lived within their means...I really hope that the mess is contained enough to not wipe out their savings.
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gk_2000
08-10 03:19 PM
EB-3 keyboard tigers are back to discuss how to get GC'ssssss:rolleyes::rolleyes::rolleyes:
Sir,
Thanks for your valuable contribution with "relevant" post
Sir,
Thanks for your valuable contribution with "relevant" post
gg10004
03-17 07:07 PM
PD September 2002 EB3 India
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Aah_GC
04-25 10:30 AM
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
May congratulations to you Googler and wish you have a great future ahead.
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
May congratulations to you Googler and wish you have a great future ahead.
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abc1125
05-17 09:37 PM
Presume you got your GC last year. I am in the same boat this year - PD is current and expecting an RFE. Did you have to submit anything more than the Employment verification letter?
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Wendyzhu77
07-24 12:48 PM
I think this post is purposely composed to scare people. As a matter of fact, any 485 "might" be rejected if it is not properly filed, which has always been true for years. If you case is rejected, of course you will need to refile. So, it is absolutely normal that "some" July 2 filers "might" need to file again. Literally, this sentence is correct, but the auther intentionally uses it to imply that "ALL" will be rejected. As a matter of fact, "every day", some 485 filers will need to refile their 485 sometime later.
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/showthread.php?t=10383
Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog
Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html
part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/showthread.php?t=10383
Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog
Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html
part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.
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lazycis
12-20 08:35 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
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aviv
07-24 06:47 AM
I Don't think Sanjay's checks got cashed! Please see his posts
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waitnwatch
07-28 01:06 PM
You are one funny guy in this thread with high sense of humor!! I like that!!!
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
and he/she forgot to mention the part about taking a hot shower as a convenient replacement for a dip in a holy river!!!!!!!!!:D
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
and he/she forgot to mention the part about taking a hot shower as a convenient replacement for a dip in a holy river!!!!!!!!!:D
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house Green Lantern´s logo comes
senthil1
02-19 09:00 AM
My assesment is not based on any single case. If this comes as law then people who are here for more than 5 years will get gc immeditely. Because of that backlog will be reduced and waiting time also will be reduced for others those who are here less than 5 years and they will also get GC. Anyhow this bill will not be taken unless CIR is introduced
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
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pappu
12-13 12:50 PM
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
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Appu
10-20 05:30 PM
The democrats will take the house by a very large majority and the senate by a less-than-60 vote majority. So if CIR makes a come back republicans will not be in a very strong position to strike a deal on high-skilled immigration. But there are a number of democrats who also support high-skilled immigration. People opposed to H1B and employment-based green card reforms are on both sides of the aisle (Dems Dick Durbin and Byron Dorgan, Republicans Jeff Sessions and Chuck Grassley for example) but hopefully they will remain a minority. It also looks like vocal supporters like Jon Cornyn will win re-election. But Pete Domenici is retiring. So, on the balance, there will be some change but not a drastic change on the legislative side.
Sen Obama is a very pragmatic and thoughtful person. You should know that he was co-sponsor of the PACE Act which, among other things, tried to create a F4 visa and make it very easy for STEM graduates to get green cards. There is absolutely no need to be panicked about a Obama win. Sen McCain, on the other hand, seems to have gone back on many of his immigration promises these last few months. It will be a concern if there is a democratic congress and McCain is in the White House.
Sen Obama is a very pragmatic and thoughtful person. You should know that he was co-sponsor of the PACE Act which, among other things, tried to create a F4 visa and make it very easy for STEM graduates to get green cards. There is absolutely no need to be panicked about a Obama win. Sen McCain, on the other hand, seems to have gone back on many of his immigration promises these last few months. It will be a concern if there is a democratic congress and McCain is in the White House.
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kuhelica2000
01-09 11:20 AM
As a fellow and genuine member of the IT profession, it's our solemn duty to save our profession. I would suggest whoever is in hiring capacity, please do ask for copies of paychecks from previous employers to weed out false experiences. Also, always conduct a face to face interview even when you are hiring contractors.
[QUOTE=sweet_jungle]How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?
As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.
When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.
With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.
It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.
There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.
So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend
[QUOTE=sweet_jungle]How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?
As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.
When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.
With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.
It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.
There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.
So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend
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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.
girlfriend or the Green Lantern Corps
sh2005
07-13 04:42 PM
I wasn't going to jump in the debate on what was Murthy's intention when she published that letter. But I can't help noting something odd in the posts where some are claiming she will try to take credit later on for making this "big development" happen. We don't even know what this big development is!! All we have is a posting by the Core Group and couple of attorneys' websites' speculation. I am hoping it's will be a big positive development for us when it is announced, but right now we are counting our chickens before they are hatched and denouncing someone's intention based on speculations and guesses!
hairstyles Green-Lantern-Corps-logo.jpg
supernova
04-06 08:37 PM
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
nixstor
07-05 12:20 PM
Who was the Einstein who came up with this suggestion...
No Desi brethren will connect if you make it paid. Just tell me how many would use google if google charged you 1c for a search.
Each one of you guys, instead send emails to big media outlets such as CNN, ABC, CBS and FOX. In the email, send I-485 story and the following link that states Rep Lofgren's statement.
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Rax
No one needs to be Einsten to come up with this.
IV is not desi. IV = folks affected by retrogression and othe immigration issues
Comparing Google and IV is like comparing apples and oranges. Still to answer your Q, Google has other ways to make money. IV has none.
I have sent Rep Lofgren's link to a lot of reporters.
No Desi brethren will connect if you make it paid. Just tell me how many would use google if google charged you 1c for a search.
Each one of you guys, instead send emails to big media outlets such as CNN, ABC, CBS and FOX. In the email, send I-485 story and the following link that states Rep Lofgren's statement.
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Rax
No one needs to be Einsten to come up with this.
IV is not desi. IV = folks affected by retrogression and othe immigration issues
Comparing Google and IV is like comparing apples and oranges. Still to answer your Q, Google has other ways to make money. IV has none.
I have sent Rep Lofgren's link to a lot of reporters.
amitps
09-26 12:22 PM
Ask her to write separately about us and mention IV! It appears the mistake was not intensional.
Stay in touch with her. We will need her later!
Yes, we are talking to her about this.
Stay in touch with her. We will need her later!
Yes, we are talking to her about this.