deecha
07-24 08:28 AM
Ok, so if I file the i-140/i-485 now and leave/re-enter the country with a new stamp. Now, if my I-140 is approved after that, and then my i-485 is looked at after that date, will I considered to be in status then, because by the time they are looking at the AOS application, I have already left and returned to the country??
Or should be in status the day the AOS petition is filed and even if i leave/re-enter the country after that, it does not matter?!
It appears that they look at status issues at the time the AOS petition is filed. That's when the "clock" stops. If you leave and re-enter the country it does not retroactively reset the "clock".
Or should be in status the day the AOS petition is filed and even if i leave/re-enter the country after that, it does not matter?!
It appears that they look at status issues at the time the AOS petition is filed. That's when the "clock" stops. If you leave and re-enter the country it does not retroactively reset the "clock".
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reddog
11-12 12:05 AM
Okay, so many posts, which means we are a community and feel strongly about a community members pain, which means we can be called united.
On the issue:
Two different points.
1) the nanny abusing the child.
2) the nanny is on visitors visa.
First and foremost, check your camera frame capture rate. Is it possible that what appears hitting to you, might be patting?
And why i ask that question is expained below.
But first,
This is the IRS sites take on nannies.
http://www.irs.gov/publications/p926/ar02.html
Nannies are independent workers and on illegal aliens it says you 'It is unlawful for you knowingly to hire or continue to employ an alien who cannot legally work in the United States. '
I have a nanny, and I never asked her about her status.
Do not forgive her, but then, remember, the punishment for her could be very severe, imprisonment of 15 years.
here is a case of a home nanny abuse, where the nanny was illegal:
http://www.nbc6.net/video/2551996/index.html
The nanny pleaded innocent, still got 6 years, state abruptly dropped charges after the nanny spent 3 years in jail. She has now sued the camera mfg. as the nanny cam captured only 5.5 frames per second, as opposed to the 30 frames of video cameras, with the result that the nanny�s movements with her infant charge might have appeared abnormally jerky and violent.
On the above case, I am sure the parents would have claimed that they never knew about the legal status of the nanny. Cos they are not in trouble.
So in your case, as you are the victime, you will not be in trouble, law is blind.
Personally, I would ask myself, How hard was the abuse? I know abuse is abuse, but then, where we come from, hitting is not that uncommon. After getting rid of her, post her video on youtube, and post it on Digg.com/reddit.com. ask her to surrender everything you ve paid her in the past and ask the couple to leave the country and never come back.
On the issue:
Two different points.
1) the nanny abusing the child.
2) the nanny is on visitors visa.
First and foremost, check your camera frame capture rate. Is it possible that what appears hitting to you, might be patting?
And why i ask that question is expained below.
But first,
This is the IRS sites take on nannies.
http://www.irs.gov/publications/p926/ar02.html
Nannies are independent workers and on illegal aliens it says you 'It is unlawful for you knowingly to hire or continue to employ an alien who cannot legally work in the United States. '
I have a nanny, and I never asked her about her status.
Do not forgive her, but then, remember, the punishment for her could be very severe, imprisonment of 15 years.
here is a case of a home nanny abuse, where the nanny was illegal:
http://www.nbc6.net/video/2551996/index.html
The nanny pleaded innocent, still got 6 years, state abruptly dropped charges after the nanny spent 3 years in jail. She has now sued the camera mfg. as the nanny cam captured only 5.5 frames per second, as opposed to the 30 frames of video cameras, with the result that the nanny�s movements with her infant charge might have appeared abnormally jerky and violent.
On the above case, I am sure the parents would have claimed that they never knew about the legal status of the nanny. Cos they are not in trouble.
So in your case, as you are the victime, you will not be in trouble, law is blind.
Personally, I would ask myself, How hard was the abuse? I know abuse is abuse, but then, where we come from, hitting is not that uncommon. After getting rid of her, post her video on youtube, and post it on Digg.com/reddit.com. ask her to surrender everything you ve paid her in the past and ask the couple to leave the country and never come back.
HopeSprings
08-11 11:35 AM
I was hoping the date to be somewhere around March 2005. That would have taken care of all Backlog Elimination Center cases.
- Current dates show that there were a lot of BEC cases to be approved.
- Now, dates might struggle a bit to reach April 2005.
- Dates should move faster after that till end of 2005 as there were very few cases that went through PERM in 2005.
- Again, in 2006 the Dates might move slow till......we reach last FY month overflow in Sept 2010.
- Current dates show that there were a lot of BEC cases to be approved.
- Now, dates might struggle a bit to reach April 2005.
- Dates should move faster after that till end of 2005 as there were very few cases that went through PERM in 2005.
- Again, in 2006 the Dates might move slow till......we reach last FY month overflow in Sept 2010.
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qasleuth
02-25 11:42 AM
Is IV only for those who have filed I485?
I gave my opinion and people gave me lot of reds. There is a majority here who already have EAD and have filed I485. You people do not care for those who are less fortunate and struggling in the early stages of the process. If July 07 had not happened, all of you would be asking for I485 filing option today.
By giving reds to people who disagree you will drive people away and make IV only for those who have filed I485 and not for the entire EB immigration people.
Firstly, why do you care about reputation on the forums (reds)?
Secondly, did you try the process described by NolaIndia?
Here is the process as described by NolaIndian:
"The person who came up with this idea needs to PM or e-mail Pappu or Administrator and get some feedback if IV Core supports this. If you get the yay from Pappu, then form a small core group who will tacke the operational aspect of this idea and keep it moving forward. The "posts" need to be coverted to "actions". I am just speaking from experience having run a successful year long campaign with IV already. Best of Luck! "
BTW: I did not give you any reds and I completely ignore the whole reputation/reds/greens business.
I gave my opinion and people gave me lot of reds. There is a majority here who already have EAD and have filed I485. You people do not care for those who are less fortunate and struggling in the early stages of the process. If July 07 had not happened, all of you would be asking for I485 filing option today.
By giving reds to people who disagree you will drive people away and make IV only for those who have filed I485 and not for the entire EB immigration people.
Firstly, why do you care about reputation on the forums (reds)?
Secondly, did you try the process described by NolaIndia?
Here is the process as described by NolaIndian:
"The person who came up with this idea needs to PM or e-mail Pappu or Administrator and get some feedback if IV Core supports this. If you get the yay from Pappu, then form a small core group who will tacke the operational aspect of this idea and keep it moving forward. The "posts" need to be coverted to "actions". I am just speaking from experience having run a successful year long campaign with IV already. Best of Luck! "
BTW: I did not give you any reds and I completely ignore the whole reputation/reds/greens business.
more...
Leo07
11-29 04:59 PM
$$$$$$$$$$$$$$$$>$$$$$$$<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>>$$$$$$$$$$$$$$$$$$$$$$$$$$
leo2606
09-07 10:42 PM
Sherman_tribiani buddy,
Do you know how many rats do we need to keep around to become good leader?If you don't have answer can you go to your forefathers and check with them and get back to us?
Do you know how many rats do we need to keep around to become good leader?If you don't have answer can you go to your forefathers and check with them and get back to us?
more...
santiwar
03-08 12:55 PM
I voted yes for 25 $. Where do i click to pay? The earlier version of this site had a very prominent link that mentioned "Contribute". I am lost now, trying to figure out where to go.
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yoda
09-08 01:32 AM
Folks,
Let the ilks of sherman and zazona types bark. We all are wasting too much time reading this and responding to this post. Please disregard and don't comment on these posts; its of no use.
Let us all focus on the rally and the things that we have to do to make it successful and not waste our energy on this.. Each one of us has to work to make this rally a success, that is a vow each one of us will take.
Consider this to be the last post from our side.
Finito... The End...
Just before ending, one thing I would like to say to sherman and zazona types.. Please go ahead and do what you have to do; have the strangest notions in your mind about numbers in the rally, we not succeeding etc.. We will prove you wrong in every sense of the word. We will do what we have to do! Amen..
Let the ilks of sherman and zazona types bark. We all are wasting too much time reading this and responding to this post. Please disregard and don't comment on these posts; its of no use.
Let us all focus on the rally and the things that we have to do to make it successful and not waste our energy on this.. Each one of us has to work to make this rally a success, that is a vow each one of us will take.
Consider this to be the last post from our side.
Finito... The End...
Just before ending, one thing I would like to say to sherman and zazona types.. Please go ahead and do what you have to do; have the strangest notions in your mind about numbers in the rally, we not succeeding etc.. We will prove you wrong in every sense of the word. We will do what we have to do! Amen..
more...
enqueued
08-14 02:13 PM
To NSC.
No LUD on my I140. It remains as is.
No LUD on my I140. It remains as is.
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ragz4u
04-12 10:07 AM
of a fortune 500 company. Going by his email and profile, most countries and organizations would die to hire him. But, he is stuck in backlog. :(
Guys, please send us your stories, we can compile a list of all the stories and pass them on to senators for them to see how US will lose if they do not care about highly skilled immigrants
Guys, please send us your stories, we can compile a list of all the stories and pass them on to senators for them to see how US will lose if they do not care about highly skilled immigrants
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Milind123
09-07 10:54 PM
After hearing this, do you think our folks will sit quiet. We will do whatever it takes to makes sure that American jobs stays American.
By god grace , we will make sure that Strive act does not pass. Especially, the portion that talks about employment based category.
Now what did I do wrong? OK, ok tell your folks that I will be traveling by econ class.
By god grace , we will make sure that Strive act does not pass. Especially, the portion that talks about employment based category.
Now what did I do wrong? OK, ok tell your folks that I will be traveling by econ class.
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santb1975
11-28 04:38 PM
Thanks. We need more to come
Contributed 100$ today through google checkout
Contributed 100$ today through google checkout
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GCStatus
09-18 11:48 AM
Big deal! So there are two or more people using the same computer/ IP address to post from two IV logins. In all likely hood if there are more than one person, MadhuVJ and GCStatus account users know each other.
Move on. If you really insist, there is only one way to settle this. Since its the same IP address, post your actual st address, a few IV volunteers if they are so inclined would have to visit the site and find out who all live/work there.
Dude, its your beloved Administrator2 ( NOT Pappu, he is cool ) who is making a big deal. He got to stop it. Because of his mess, people like you start posting against us.
Move on. If you really insist, there is only one way to settle this. Since its the same IP address, post your actual st address, a few IV volunteers if they are so inclined would have to visit the site and find out who all live/work there.
Dude, its your beloved Administrator2 ( NOT Pappu, he is cool ) who is making a big deal. He got to stop it. Because of his mess, people like you start posting against us.
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msp1976
02-03 09:09 PM
I have to first think of the words that I have to search for. Alisa has already picked on me that I don't even know ROW, RIR, Schedule A. This is not very useful for me.
Is there a Java Specification kind of book that I can start from begining to end? Thanks.
No one wants to pick on you...Please do not take the jabbing too seriously...We are all in this together..
Well the law code is kind of written in this fashion only...The cornell education site is better...Or just for the sake of how the numbers are devided between EB1/2/3 you can read the visa bulletin...It has a simplified breakup..
My comment about 'goobledegook' was not a criticism of your abilities...It was about the complexity of immigration code....Well you see..we all have to hire attorneys because of this complexity and no one is at fault...Am just trying to help in any way I can....
http://travel.state.gov/visa/frvi/bulletin/bulletin_3111.html
Is there a Java Specification kind of book that I can start from begining to end? Thanks.
No one wants to pick on you...Please do not take the jabbing too seriously...We are all in this together..
Well the law code is kind of written in this fashion only...The cornell education site is better...Or just for the sake of how the numbers are devided between EB1/2/3 you can read the visa bulletin...It has a simplified breakup..
My comment about 'goobledegook' was not a criticism of your abilities...It was about the complexity of immigration code....Well you see..we all have to hire attorneys because of this complexity and no one is at fault...Am just trying to help in any way I can....
http://travel.state.gov/visa/frvi/bulletin/bulletin_3111.html
more...
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malibuguy007
12-04 08:13 AM
Everybody who reads this thread should either donate themselves or if they have already done so, then make sure you talk to a friend and convince him/her to donate. You are not doing any public service by donating to IV (nothing wrong with those kind of donations). Whatever you donate will actually come back to you as a benefit you really want and in a much bigger multiple.
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ArkBird
03-09 04:07 PM
Just sent $100 for the cause also contributing $50 a month to IV
Transaction ID: 2D140161BM264773E
Transaction ID: 2D140161BM264773E
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hsd31
06-20 11:53 AM
That is interesting. The steps that we followed were the ones told to us by the DC embassy. I think the only difference between your case and my wifes case is that her passport had just her First Name under "Given Name" and her "Surname" was blank. I think in your case you have the First Name and Last Name combined under the "Given Name" and "Surname" is blank.
I just spoke to Indian consulate, NYC. The procedure to correct the last name is very simple. All you need is an Affidavit from the person (Signed in US, saying that you are correcting your name.), 4 photos and a copy of 797 or Visa. No need of advertizements, or Indian affidavit.
Please note, this is applicable only if,
In your passport Surname is Blank
Given name has <first name><last Name> (and all spelling etc are correct)
and you want it to be corrected to
Surname <last Name>
Given Name <First Name>
They will issue a new booklet with corrected name. It's same day service in NYC.
I just spoke to Indian consulate, NYC. The procedure to correct the last name is very simple. All you need is an Affidavit from the person (Signed in US, saying that you are correcting your name.), 4 photos and a copy of 797 or Visa. No need of advertizements, or Indian affidavit.
Please note, this is applicable only if,
In your passport Surname is Blank
Given name has <first name><last Name> (and all spelling etc are correct)
and you want it to be corrected to
Surname <last Name>
Given Name <First Name>
They will issue a new booklet with corrected name. It's same day service in NYC.
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bsbawa10
09-11 08:02 AM
Sir/Madam,
On behalf of the Indian legal immigrant community in the United States of America, I am
writing to highlight the ongoing egregious inefficiencies in the immigration �services�
provided by the USCIS and the DOS. There have been numerous times when there have been erratic movements in the published visa bulletin dates. As a result the DOS either under- or over-estimates the number of applicants available for adjustment of status. When the date moves forward by too large a window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that???
Indian employment-based immigrants are tax-paying, law-abiding, educated individuals contributing to America�s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS. Customer Service is of no help at all. It tells the customer whatever is on the website. What use is the customer service then ? We are paying our hard earned money for the process to USCIS, but what do we get back ?
3) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled � we are bound to our sponsoring employer from the start to the end of this extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later.
Thanking you,[/QUOTE]
I just added a couple of lines on step 3. Otherwise, I like the letter very much.
On behalf of the Indian legal immigrant community in the United States of America, I am
writing to highlight the ongoing egregious inefficiencies in the immigration �services�
provided by the USCIS and the DOS. There have been numerous times when there have been erratic movements in the published visa bulletin dates. As a result the DOS either under- or over-estimates the number of applicants available for adjustment of status. When the date moves forward by too large a window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that???
Indian employment-based immigrants are tax-paying, law-abiding, educated individuals contributing to America�s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS. Customer Service is of no help at all. It tells the customer whatever is on the website. What use is the customer service then ? We are paying our hard earned money for the process to USCIS, but what do we get back ?
3) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled � we are bound to our sponsoring employer from the start to the end of this extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later.
Thanking you,[/QUOTE]
I just added a couple of lines on step 3. Otherwise, I like the letter very much.
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chanduy9
07-06 06:42 PM
Can some one provide me a template that i can send?
Should briefly cover the actual issue and also the idea of sending flowers.
Please send me a private message if i missed this in the other threads.
Anand
You can see the details in first page....
Guys we are short of 21 for 3 digits...
Thanks,
Chandra.
Should briefly cover the actual issue and also the idea of sending flowers.
Please send me a private message if i missed this in the other threads.
Anand
You can see the details in first page....
Guys we are short of 21 for 3 digits...
Thanks,
Chandra.
24fps
02-25 11:56 PM
This idea will just put another layer on the GC process. If you are going to make a rule/law to allow this 5 year EAD and new status, why not instead change the LAW to allow higher numbers of yearly GC cards or remove the country based limits.
LC -I140 - I485 -AOS - Do we really want another layer?
Because that my friend is way tougher than anything else, apart from being a legislative change instead of an administrative one. I do hope you know the difference?
LC -I140 - I485 -AOS - Do we really want another layer?
Because that my friend is way tougher than anything else, apart from being a legislative change instead of an administrative one. I do hope you know the difference?
deecha
08-09 08:44 AM
I googled to find any cases similar to the one I have now, by no luck.
My wife was out of status for more than 6 months while she was on H1-b by not working. To put her back on status, my attorney advised to make her go out of the country and come back on H4 visa. Her status now is H4 and has maintained it since the last entry to US. I have maintained my H1-B status since 3 years and got paid for every day.
Is it possible, my I-485 is approved (primary applicant) and her I-485 denied (dependent) due to her prior out-of-status on H1-B? Her current status as mentioned in the I-485 forms is H4.
Please advice.
Thanks.
Yes, there is a possibility of I-485 denial for dependent as it is at the discretion of the adjudicating/immigration officer. Having said this, any denial can be appealed using a MTR. It can also be referred to the board of immigration appeals.
My wife was out of status for more than 6 months while she was on H1-b by not working. To put her back on status, my attorney advised to make her go out of the country and come back on H4 visa. Her status now is H4 and has maintained it since the last entry to US. I have maintained my H1-B status since 3 years and got paid for every day.
Is it possible, my I-485 is approved (primary applicant) and her I-485 denied (dependent) due to her prior out-of-status on H1-B? Her current status as mentioned in the I-485 forms is H4.
Please advice.
Thanks.
Yes, there is a possibility of I-485 denial for dependent as it is at the discretion of the adjudicating/immigration officer. Having said this, any denial can be appealed using a MTR. It can also be referred to the board of immigration appeals.
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