rajuram
05-26 09:06 PM
FYI, this is common if you are passing close border towns in TX and NM.
No big deal, just carry some copies in your car.
No big deal, just carry some copies in your car.
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Cheran
03-17 12:59 PM
42% of all EB3 Green Card has priority date before December 2003!!! Man I am in deep Sh.. hmm trouble.. :eek:
lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
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gcny2006
10-12 08:27 AM
Got an RFE on 9th sept after several SLUDs in first week of september. The RFE asked for paperwork to establish that I maintained legal status during my student years. USCIS received the response on september 30th. The case status chaged to 'response review'. I have had sevreal sluds since them but no approval yet.
more...
sbabunle
01-09 05:04 PM
This thread's been silent..whats going on fellas.... Are you guys finding out new forums, new websites to post....... We have to meet our 10K membership......
chanduv23
03-13 12:04 PM
where I work one of two things happen:
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
- HR department is clueless about EAD expiry date, so people can continue to (illegally) work once EAD expires before the new EAD comes. Or they can choose to tell HR and stop working.
- If hte case is handled by company attorneys (some AC-21 folks have stuck to their own attorneys), then company attorney sends a mail to HR saying its illegal for tha tperson to work starting from so-and-so date, and that person is put on unpaid leave starting that date.
File the extension as soon as possible (120 days) and then start praying you get it before th eold one expires.
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
more...
gc_lover
07-18 09:54 AM
I checked with somebody who has hired Rajiv Khanna as his lawyer. He said that those who had filed in July are fine and there is no need to re-file it.
I am still waiting to hear from my lawyer though.
I am still waiting to hear from my lawyer though.
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gckabayega
03-17 12:52 PM
Does anyone know how many applicants convereted from EB3 to EB2 ?
I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.
I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.
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GCard_Dream
12-28 12:26 PM
Both of the flights were on the same itinerary and were booked through Thai. United was asking for money for international part of the travel because he said that Thai would charge United for the extra weight if United checked in the luggage all the way to Bangkok, which isn't really true because Thai did allow 70 LB then. I am not sure what the regulation is now.
I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.
i have never had that problem
may have been because you booked those flights separately, if they are on the same itinerary and both were booked through Thai, United should not do that, guess they don't care because you are not continuing on United. btw how could they demand money for the international part of the flight- they are not Thai and their rules don't apply...i also think the person you dealt with was ignorant...
the problem i have seen- you fly into the US and have a connecting flight onwards- if you take it withing 24 hrs ie same day- bags just continue- if not you are stuck with domestic rules. now it no longer matters on american carriers at least, intl allowance has also been decreased to 50 lbs.
I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.
i have never had that problem
may have been because you booked those flights separately, if they are on the same itinerary and both were booked through Thai, United should not do that, guess they don't care because you are not continuing on United. btw how could they demand money for the international part of the flight- they are not Thai and their rules don't apply...i also think the person you dealt with was ignorant...
the problem i have seen- you fly into the US and have a connecting flight onwards- if you take it withing 24 hrs ie same day- bags just continue- if not you are stuck with domestic rules. now it no longer matters on american carriers at least, intl allowance has also been decreased to 50 lbs.
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saatiish
07-13 10:40 AM
Mar 1 2006 - Mar 7 2006 --> will be processed when cutoff date is Mar 08 2006.
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
more...
logiclife
01-30 01:20 PM
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
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alterego
09-17 10:37 PM
This is no doubt a bad time for the US economy. However the world is not going to collapse. We will nearly certainly see a recession. Outside chance of a depression. The credit markets are frozen, confidence has been shaken, housing is searching for a bottom, unemployment has ticked up a percentage point so far, and the stock market is down about 20%.
However, put that in the context of the great depression in the late 20s and into the early 30s. 25% unemployment, Widespread bank failures with no FDIC insurance, Many companies collapsed and people lost their life savings just by keeping it in the bank, Stock markets down by nearly 90%, people died of starvation! Yeah those things happened in this country. In fact, many observers attribute that experience for the extremely frugal nature of the elderly in this country, the so called great generation. Perhaps this will change current US attitudes away from consumption and toward savings. Perhaps entitlement reform will be fast tracked. We shall see.
Things are bad. Structural changes are needed. The war must be ended and the resources redirected. Americans also need to adjust to the new realities in a globalizing world some of which are not particularly appealing.
However also remember, the US has many geo-political advantages, control of a massive amount of natural resources, still the best R&D, an advanced industrial base, well developed infrastructure, and despite the current wall street mess no currency seems imminently capable of replacing the US dollar as the global reserve currency (hence giving the Federal reserve the enormous power of the printing press). Note that not a single currency has appreciated more than 5% viz a vie during this crisis. In fact Gold has outperformed all! Quite simply noone believes another economy is ready at this time.
Hopefully the job market will not get too messy. The market will bottom in the next 6 months or so, once their is a complete clean out of the balance sheets. We are probably past the half way point in this. Exactly when it ends noone knows however.
If you have savings consider putting it in blue chip consumer staples, when you feel there is a bottom in stocks. Diversify internationally, Consider letting your wife go on a gold buying binge............:).
Quit worrying, this too shall pass. This downturn will be longer than recent ones however. Might be measured in terms of a few years rather than months.
However, put that in the context of the great depression in the late 20s and into the early 30s. 25% unemployment, Widespread bank failures with no FDIC insurance, Many companies collapsed and people lost their life savings just by keeping it in the bank, Stock markets down by nearly 90%, people died of starvation! Yeah those things happened in this country. In fact, many observers attribute that experience for the extremely frugal nature of the elderly in this country, the so called great generation. Perhaps this will change current US attitudes away from consumption and toward savings. Perhaps entitlement reform will be fast tracked. We shall see.
Things are bad. Structural changes are needed. The war must be ended and the resources redirected. Americans also need to adjust to the new realities in a globalizing world some of which are not particularly appealing.
However also remember, the US has many geo-political advantages, control of a massive amount of natural resources, still the best R&D, an advanced industrial base, well developed infrastructure, and despite the current wall street mess no currency seems imminently capable of replacing the US dollar as the global reserve currency (hence giving the Federal reserve the enormous power of the printing press). Note that not a single currency has appreciated more than 5% viz a vie during this crisis. In fact Gold has outperformed all! Quite simply noone believes another economy is ready at this time.
Hopefully the job market will not get too messy. The market will bottom in the next 6 months or so, once their is a complete clean out of the balance sheets. We are probably past the half way point in this. Exactly when it ends noone knows however.
If you have savings consider putting it in blue chip consumer staples, when you feel there is a bottom in stocks. Diversify internationally, Consider letting your wife go on a gold buying binge............:).
Quit worrying, this too shall pass. This downturn will be longer than recent ones however. Might be measured in terms of a few years rather than months.
more...
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gcnirvana
04-23 12:41 PM
Great to hear that the event was a success. I was one of the volunteers who had the oppurtunity to call CA members and I just have one suggestion. Please update your profiles with your latest email and phone numbers. Of the 25 people I called, atleast 5 or 6 had incorrect phone numbers. One even went to a fax number. The intent for IV is to reach you quickly in such case but looks like the intent for such members is 'do-not-disturb'.
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saro28
07-12 06:48 PM
Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
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tapukakababa
07-03 03:54 PM
I have contributed $100 yesterday. We can do it.
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anilsal
12-11 03:44 PM
I think USCIS is under department of homeland security.
Department of State is mainly for travel.
Department of State is mainly for travel.
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greyhair
02-12 03:16 PM
waste of time : So many people and so many minutes.
waste of space on site : Iv lost some space because of this thread.
marketing gain : That immi business so many people visited their site when they came on iv and saw this sizzling thread about visa wastage.
Decide yourself who won and who lost...
+1
waste of space on site : Iv lost some space because of this thread.
marketing gain : That immi business so many people visited their site when they came on iv and saw this sizzling thread about visa wastage.
Decide yourself who won and who lost...
+1
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EkAurAaya
07-16 07:38 PM
I've so many hard working American friends... it really make me want to work harder to compete with them, but these bunch of cry babies at Numbers are scared of skilled workers, they don't want to upgrade their skills, they want to work 9-5 and get paid for their incompetencies.
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sheela
10-18 06:54 PM
Well,
I posted a suggestin on here, and some genius gave me a red. Well I quiet don't understand the purpose of red or green? Does green mean we will get more money or faster GC?
Well to all my iv friends, we all have the right to give suggestions, so lets not critique each other when we disagree, we really need to be joint and motivated to work for our rights.
Look at this,
http://news.yahoo.com/s/afp/20081018/wl_afp/euimmigration
Immigrants in Eu are fighting for their rights, what are we doing?
Some smart guy gave me red for the suggestion I made earlier, my friend if it makes you happy to critique me, then critique me more. I can understand your frustration and pain. Instead of challenging that towards each other, lets all use it in a focused manner for something more constructive.
Kumar:
Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding
I posted a suggestin on here, and some genius gave me a red. Well I quiet don't understand the purpose of red or green? Does green mean we will get more money or faster GC?
Well to all my iv friends, we all have the right to give suggestions, so lets not critique each other when we disagree, we really need to be joint and motivated to work for our rights.
Look at this,
http://news.yahoo.com/s/afp/20081018/wl_afp/euimmigration
Immigrants in Eu are fighting for their rights, what are we doing?
Some smart guy gave me red for the suggestion I made earlier, my friend if it makes you happy to critique me, then critique me more. I can understand your frustration and pain. Instead of challenging that towards each other, lets all use it in a focused manner for something more constructive.
Kumar:
Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding
k94
11-22 02:41 PM
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
bheemi
07-02 07:03 AM
i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.
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