waitin_toolong
08-15 04:38 PM
Please link it.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
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logiclife
12-20 04:54 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, 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.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, 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.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
trueguy
07-30 12:09 PM
Add E&Y (Ernst and Young) to the list.
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vgayalu
07-25 12:12 PM
Dear Friends,
What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
If it is really a law then they should say aome thing about the method of calculating cut off dates.
Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
Please discuss with senior attorneys and DHS and DGS officials.
With regards,
vgayalu
What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
If it is really a law then they should say aome thing about the method of calculating cut off dates.
Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
Please discuss with senior attorneys and DHS and DGS officials.
With regards,
vgayalu
more...
nfinity
06-11 05:52 PM
to IL senator
abd
09-23 01:54 PM
Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
more...
Abhinaym
09-10 01:24 PM
Most of you either have a firewall or a proxy server to go out to the internet at your work locations, which allows for only TCP port 80. So if you are unsuccessful in getting the real player to work, try this:
when real player opens do the following:
click on tools->preferences->network transport->
then check the "manually configure connection settings"
click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Next
click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Enjoy!!
Would the Sys Admin know if you've done that? :D
when real player opens do the following:
click on tools->preferences->network transport->
then check the "manually configure connection settings"
click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Next
click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Enjoy!!
Would the Sys Admin know if you've done that? :D
2010 Hairstyle of Gossip Girl Blake
invincibleasian
01-27 10:19 PM
The country caps ensure equal distribution of immigrants from all parts of the world and not only the countries which have poured in immigrants in the last few decades.
more...
go_gc_way
12-29 11:32 AM
Whatever you guys are doing ... its working.
We are seeing higher than usual new registrations on this website in the past week.
Thank you all for posting about Immigration Voice everywhere else.
Thanks logiclife.
I AM SURE , ALL MEMBERS REALIZE THEY HAVE A REASON TO VISIT IMMIGRATIONVOICE.COM AND KNOW EVERY ONE'S CONTRIBUTION IS NEEDED FOR US TO MOVE ALONG , AND WE NEED IT SOON.
ALL TOGETHER CAN WORK MAGICS.
We are seeing higher than usual new registrations on this website in the past week.
Thank you all for posting about Immigration Voice everywhere else.
Thanks logiclife.
I AM SURE , ALL MEMBERS REALIZE THEY HAVE A REASON TO VISIT IMMIGRATIONVOICE.COM AND KNOW EVERY ONE'S CONTRIBUTION IS NEEDED FOR US TO MOVE ALONG , AND WE NEED IT SOON.
ALL TOGETHER CAN WORK MAGICS.
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sanjaymk
07-17 06:34 PM
Here is a rough draft of what we could use for the Webfax, please feel free to add/modify and change it to get to the final version. I feel it is a little too long so feel free to suggest your changes.
The Truth Shall Set You Free � Bible.
OR
This country will not be a good place for any of us to live in unless we make it a good place for all of us to live in. ~Theodore Roosevelt
Respected <<Senator>>,
I would like to bring it to your attention some of the false propaganda and myths about highly-skilled H1B workers that are being fabricated and spread among the Senators. Most notable among them is a fax from NumbersUSA organization.
NumbersUSA has been faxing the below document to Senators and Congressman and urging them to vote against the SKIL bill act. I would like to bring it to your attention that this document is filled with blatantly untrue and misleading statements.
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
I would like to take the second point and prove the fallacy of this vicious propoganda.
A simple google search of the key words (alien taxation), leads me to this IRS document http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html that unambiguously states right at the beginning that
..the controlling principle is that RESIDENT ALIENS are taxed in the same manner as U.S. citizens on their worldwide income
Further links in the same website lucidly and succinctly explains with clear examples the taxes for highly skilled H1B workers(The links to these documents are furnished in the Appendix.)
As a resident of your state I would like my representatives to use their precious votes based on sound facts and information from credible and trustworthy sources, because the last thing a representative would want is their constituents doubting their credibility and decision making.
I sincerely, kindly and respectfully urge you to kindly take this into account while making your decisions in the future.
Respectfully Yours,
<Name>
Appendix.
========
http://www.irs.gov/taxtopics/tc851.html
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html (Example 8 specifically)
================================================== =====
The Truth Shall Set You Free � Bible.
OR
This country will not be a good place for any of us to live in unless we make it a good place for all of us to live in. ~Theodore Roosevelt
Respected <<Senator>>,
I would like to bring it to your attention some of the false propaganda and myths about highly-skilled H1B workers that are being fabricated and spread among the Senators. Most notable among them is a fax from NumbersUSA organization.
NumbersUSA has been faxing the below document to Senators and Congressman and urging them to vote against the SKIL bill act. I would like to bring it to your attention that this document is filled with blatantly untrue and misleading statements.
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
I would like to take the second point and prove the fallacy of this vicious propoganda.
A simple google search of the key words (alien taxation), leads me to this IRS document http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html that unambiguously states right at the beginning that
..the controlling principle is that RESIDENT ALIENS are taxed in the same manner as U.S. citizens on their worldwide income
Further links in the same website lucidly and succinctly explains with clear examples the taxes for highly skilled H1B workers(The links to these documents are furnished in the Appendix.)
As a resident of your state I would like my representatives to use their precious votes based on sound facts and information from credible and trustworthy sources, because the last thing a representative would want is their constituents doubting their credibility and decision making.
I sincerely, kindly and respectfully urge you to kindly take this into account while making your decisions in the future.
Respectfully Yours,
<Name>
Appendix.
========
http://www.irs.gov/taxtopics/tc851.html
http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html (Example 8 specifically)
================================================== =====
more...
sunnymit
07-12 04:22 PM
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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msgrewal81
02-19 03:08 PM
:D No more arguing by me :D
more...
house Gossip Girl Blake Lively
zuhail
03-10 03:49 PM
Of all 4 the proposals made by vbkris77,
I would just stick with one and only one:
RE-CAPTURING VISA NUMBERS.
If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.
I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.
Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.
The time is RIGHT NOW.
It is interesting why IV team is not taking up this one item and start fund raising.
May be the team has some valid reasons for not doing so. I could only guess.
But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.
I would just stick with one and only one:
RE-CAPTURING VISA NUMBERS.
If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.
I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.
Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.
The time is RIGHT NOW.
It is interesting why IV team is not taking up this one item and start fund raising.
May be the team has some valid reasons for not doing so. I could only guess.
But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.
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Gate_jj
05-07 09:56 PM
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
Can you please explain the above ....
I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.
None of the explaination says this explicitly , does any one know something more in detail ..
Thanks for all the help
-j
Can you please explain the above ....
I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.
None of the explaination says this explicitly , does any one know something more in detail ..
Thanks for all the help
-j
more...
pictures Blake Lively
vdlrao
07-14 01:25 PM
http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm
see te table 6 in that link.
see te table 6 in that link.
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jonty_11
06-12 02:35 PM
it is very easy to say - support CIR and get our ammendments attached to CIR...we were not even able to put forth our ammdmt on the floor last time around....It is not as easy as 1-2-3 ...
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
more...
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h1_b_visa_holder
05-23 03:41 PM
What about those who try to speak English but sound like Hinglish (North Indian including Punjabi, Jath et al), or Bonglish (Bengali ) or Inglish (Gujarati -- "In evening I had heavy 'snakes' ).... are all of them (including you) just some "computer operator" ?
You guys are funny..
Here are some more I was enlightened in an accent neuteralization class
SOUTH INDIAN enveee-ron-ment, es (Yes)
NORTH INDIAN UP/BIHARI ishtylye, ishkool
PUNJABI (Waalcome (Welcome))
:D:D:D
You guys are funny..
Here are some more I was enlightened in an accent neuteralization class
SOUTH INDIAN enveee-ron-ment, es (Yes)
NORTH INDIAN UP/BIHARI ishtylye, ishkool
PUNJABI (Waalcome (Welcome))
:D:D:D
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jjava100
09-10 01:40 PM
50, it said on the log in screen.
or more reputation points.. how to increase them to get to chat?? Thanks
or more reputation points.. how to increase them to get to chat?? Thanks
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saketkapur
10-16 03:30 PM
sent.........
psaxena
05-26 07:10 PM
I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.
Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.
Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.
I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.
Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.
I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
god_bless_you
12-13 07:40 AM
Whats the advice on this from core group?
can we start mass web faxing USCIS for rule change?
can we start mass web faxing USCIS for rule change?