newuser
06-10 04:04 PM
Done
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logiclife
12-20 08:31 PM
On a second thought, If I interpret it correctly...
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.
I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:
yes, but that happened prior to your last admission in USA and prior to your filing of 485.
Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.
Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.
Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.
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.
I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:
yes, but that happened prior to your last admission in USA and prior to your filing of 485.
Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.
Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.
Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.
gc__aspirant
05-30 02:49 AM
Hi All,
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
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karanp25
07-14 06:49 PM
7/13 LUD is inconclusive. There's a separate thread on IV discussing this where EB-2 folks have seen a 07/13 LUD w/o AC-21. Do you remember seeing a change in your I-140 LUD after approval in 2006 and before last week when they generated your RFE?
if there was a LUD, this is a high possibility that your previous employer revoked I-140.
This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.
I dont remember that. I saw my online profile with USCIS just now. There is a LUD for yesterday 07/13/2008 on my 140 approved in 2006.
if there was a LUD, this is a high possibility that your previous employer revoked I-140.
This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.
I dont remember that. I saw my online profile with USCIS just now. There is a LUD for yesterday 07/13/2008 on my 140 approved in 2006.
more...
wIeRdLiFe
02-18 07:03 PM
Hello,
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
Legal
07-04 09:10 PM
[QUOTE=nixstor]Excellent analysis but it does have flaws
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
more...
bobzibub
03-18 10:45 PM
Nixstor did explained his actions and I concur... Controversial handles should be banned... Handle "TALIBAN" was banned and same member opened new handle "TAWLIBANN" saying his name is Tawlibann Foggs...
Anyway we should close this issue.. I do find tawlibann's posts decent and non-offensive.. Only thing is we need to practice some respect to the communitity when chosing a handle... Its just not this.. there could be potentially other offensive handles.. So I'd say there should be a step/check in registration process to monitor/regulate handles... You won't like any handle offending your religious beliefs, dis-respecting your nation or humanity itself...
Just my 2 cents... We should stop this discussion and focus on immigration issues...
:D
Anyway we should close this issue.. I do find tawlibann's posts decent and non-offensive.. Only thing is we need to practice some respect to the communitity when chosing a handle... Its just not this.. there could be potentially other offensive handles.. So I'd say there should be a step/check in registration process to monitor/regulate handles... You won't like any handle offending your religious beliefs, dis-respecting your nation or humanity itself...
Just my 2 cents... We should stop this discussion and focus on immigration issues...
:D
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eb3_nepa
07-01 09:40 PM
At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
What exactly CAN the IV core even do about this? I mean no disrespect here, I am just trying to imagine how IV can even help with this issue?
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
What exactly CAN the IV core even do about this? I mean no disrespect here, I am just trying to imagine how IV can even help with this issue?
more...
gauravster
02-18 06:08 PM
I am not sure if I am missing something, but going through the document, it looks like the bill is for legals and illegals alike. It does not mention that you have to be illegal to qualify for permanent residence, just that you should have been in the US for 5 years. This allows for casual/innocent absence, not sure what that means though.
The only loophole I see in the statment is that it says that DHS may change status to legal resident, meaning that it could be restricted by the DHS in any way they like.
The only loophole I see in the statment is that it says that DHS may change status to legal resident, meaning that it could be restricted by the DHS in any way they like.
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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.
more...
hoolahoous
03-16 12:37 AM
And, please, gimme a break. H1B = high skilled? .....Most H1Bs, according to PUBLISHED research, earn less than $50,000.
Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.
wow.. u disciple of lou dobb ?? 50k !!!! in our company average salary of h1b is 125k (meaning some get much more than that, including me)!!
IT and software is low skill ?? now I am not sure what YOU are smelling . h1b requires minimum 4 year engg. degree (what do u have ?? maybe you got it using some non academic skills)
Yes i AM selfish..........
exactly.. i agree
Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.
wow.. u disciple of lou dobb ?? 50k !!!! in our company average salary of h1b is 125k (meaning some get much more than that, including me)!!
IT and software is low skill ?? now I am not sure what YOU are smelling . h1b requires minimum 4 year engg. degree (what do u have ?? maybe you got it using some non academic skills)
Yes i AM selfish..........
exactly.. i agree
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Jaime
09-28 06:11 PM
http://biz.yahoo.com/ap/070926/eu_immigration.html?.v=1
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ajthakur
07-14 08:08 PM
The LUD on my 140 is for sunday 7/13/2008. Why would they touch it on a sunday.
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glus
09-19 11:02 AM
This must be done. Also, we could include flags of all the member nationalities, to show this website is an international one. So if we have members from 20 different countries, this should be clearly shown. Guys, the problem is not only for indians, it is also for the others like me.
G
G
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ashwin_27
06-10 01:02 PM
Track the status of this bill -
S. 2804: Employ America Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-2804)
We can read between the lines and be as optimistic as we want..but I do not see anything in the text that excludes EADs.
As per pappu's initial email, everyone - H1B, EAD, L1 etc etc (except GC holders and citizens) are impacted by this bill.
What is the guidance to IV members? Start contacting the senators in the senate committee that deliberating on it and impress upon them to oppose this draconian bill?
S. 2804: Employ America Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=s111-2804)
We can read between the lines and be as optimistic as we want..but I do not see anything in the text that excludes EADs.
As per pappu's initial email, everyone - H1B, EAD, L1 etc etc (except GC holders and citizens) are impacted by this bill.
What is the guidance to IV members? Start contacting the senators in the senate committee that deliberating on it and impress upon them to oppose this draconian bill?
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ski_dude12
03-09 02:23 PM
No change for EB2-I.
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amitjoey
01-18 11:51 AM
Need 898 members with minimum of $20 monthly recurring.
If you set yourself up for monthly contribution please deduct a number from 898
If you set yourself up for monthly contribution please deduct a number from 898
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waitforevergc
02-14 10:02 AM
this is an irrelavant thread. pls delete this thread.
'ethnic cleansing' is a strong word and shouldnt be used in our context.
thanks.
'ethnic cleansing' is a strong word and shouldnt be used in our context.
thanks.
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Macaca
09-19 08:16 AM
Lawmakers will decide to bring up the issue and vote on the bill. Attend all Lawmaker meetings.
In this meeting, the staffer will give you his/her business card. Follow up with the staffer after the meeting, specially when the bill is coming up for vote.
In this meeting, the staffer will give you his/her business card. Follow up with the staffer after the meeting, specially when the bill is coming up for vote.
GreeNever
06-13 11:22 AM
Folks! MSNBC is organizing a gut check on the immigration issue (though this appears to be on issues related to illegal immigration). It's a message board inviting opinions on immigration with an expert panel set to reply to the meesages posted. Eventually, messages will be short-listed for publishing. We may be able to make an opportunity out of this.
Link: http://www.msnbc.msn.com/id/18826755/
Link: http://www.msnbc.msn.com/id/18826755/
GCwaitforever
12-27 02:08 AM
I liked NW/KLM too. Absolutely no hassles. I hear that NY-Dubai non-stop flight through Emirates is also good, though it is slightly expensive.
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
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