akp22
07-13 06:13 PM
Yes, they can do a lot more than 25 k in 2 months.
EB2 folks, please get prepared for RFEs - a few possibilities.
1. Medicals, outdated physicals, PPD positive etc.
2. Passport expired since applying for I-485 last summer.
3. Father's or Mother's name misspelled.
4. DOB discrepancies.
5. Translations of documents
6. Find those old pay-stubs, bank records, W2s, I-20s
7. Google yourself and your spouse.
Yes, I got RFE on birth cert....
EB2 folks, please get prepared for RFEs - a few possibilities.
1. Medicals, outdated physicals, PPD positive etc.
2. Passport expired since applying for I-485 last summer.
3. Father's or Mother's name misspelled.
4. DOB discrepancies.
5. Translations of documents
6. Find those old pay-stubs, bank records, W2s, I-20s
7. Google yourself and your spouse.
Yes, I got RFE on birth cert....
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lazycis
12-21 06:14 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.
Also, read 8 USC 1255(k)
(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.
Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.
Also, read 8 USC 1255(k)
(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.
Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D
anilsal
12-26 04:10 PM
You have pretty much written my hit list. I could not have put it in better words.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.
But the whole mortgage industry is providing home loans to illegals. Now how did they work around it? Of course the competition defined it.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.
But the whole mortgage industry is providing home loans to illegals. Now how did they work around it? Of course the competition defined it.
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StuckInTheMuck
07-28 12:38 PM
Okay, from wine shop to religion to law to constitution, what next :)
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
more...
desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
sagar_nyc
06-10 02:07 PM
This is correct. EAD is based on pending 485 in most of our case. that's it.
what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.
what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.
more...
anilsal
09-11 04:23 PM
Have you folks seen this movie?
Waldenpond,logiclife,pappu,sertasheep,paskal,amitp s,janilsal,jaime,
vandanaverdia,texanmom,chandu,needhelp,seahawks and the entire IV community Go To Washington.
Waldenpond,logiclife,pappu,sertasheep,paskal,amitp s,janilsal,jaime,
vandanaverdia,texanmom,chandu,needhelp,seahawks and the entire IV community Go To Washington.
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perm2gc
01-18 03:23 PM
http://finance.groups.yahoo.com/group/H1_Visa_Info/messages
more...
vin13
02-12 07:40 AM
I think it is important to understand and read what is being said. The information was not claimed to be true or false. The message was conveyed based on the information given. Now, everyone is free to evaluate and give their opinion on the information. There is no need to go for a personal attack.
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needhelp!
09-26 11:31 AM
Re: http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
The article referenced above written by you has a glaring error. It states that "Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
The demonstrators said that potential employees-who are needed in growing fields such as engineering and software development-are being shut out because of a lack of H-1B visas. "
I was under the impression that esteemed reporters like yourself research the facts in detail before providing such statements. That does not seem to have been the case here.
I was one of the participants in the rally held on September 18th by Immigration Voice (www.immigrationvoice.org). I flew from Dallas, TX to press for reform to the green card process which is taking anywhere between 6-12 years to process permanent residency applications. This is VERY different than H1-B which is a temporary visa.
As a participant of this rally, I am utterly disappointed to read that you and the CNN organization have completely misrepresented the purpose of my protest, thereby undermining the whole effort.
Kindly contact info@immigrationvoice.org and Immigration Voice should be able to provide you with the detailed facts about the purpose of the protest. I urge you to fix the article as soon as possible and issue a correction.
The article referenced above written by you has a glaring error. It states that "Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
The demonstrators said that potential employees-who are needed in growing fields such as engineering and software development-are being shut out because of a lack of H-1B visas. "
I was under the impression that esteemed reporters like yourself research the facts in detail before providing such statements. That does not seem to have been the case here.
I was one of the participants in the rally held on September 18th by Immigration Voice (www.immigrationvoice.org). I flew from Dallas, TX to press for reform to the green card process which is taking anywhere between 6-12 years to process permanent residency applications. This is VERY different than H1-B which is a temporary visa.
As a participant of this rally, I am utterly disappointed to read that you and the CNN organization have completely misrepresented the purpose of my protest, thereby undermining the whole effort.
Kindly contact info@immigrationvoice.org and Immigration Voice should be able to provide you with the detailed facts about the purpose of the protest. I urge you to fix the article as soon as possible and issue a correction.
more...
moonrah
07-02 10:23 PM
I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
Whatever you are saying is true for Family based categories. Employement category is defined to have skilled immigrants to help US businesses, that is why it is called employment based category. Let me explain you what you are saying. You are saying that I will ask compnay A to wait for five years to give promotion to person X, because quotas for his country are not available, and until he gets his green card he can not get promotion, instead give promotion to person Y which is less qualified but can get green card next month since his country has quotas available. Now does it make sense for company A to give promotion to less qualified person just because person X can not get his green card? Company won't do that and will end up sponsoring another qualified person. Or let me explain you in different way. If certain company has need for specific skill for long term and provided that there are not enough citizens to do that job, in this case company has to sponsor an immigrant, but since the requirement is for long term, company doesn't want him to be on immigrant visa for long term because sponsoring immigrant visa means money and more liability. In this case, even though company has much better match from a country whose immigrant visa are not available for many years, company might end up taking immigrant who is less qualified for the job. And company might say that, we can not take you since you won't be able to get green card for many years. If company does that then it would be an discrimination, but company doesn't have any choice.
Initially, it would have been good idea to have country limits because nobody was anticipating this kind of backlogs. But in current situation it doesn't make sense to keep it like that way. Goverment understands it, but they don't want to do anything because this has become political issue because of groups which represent illegal immigrants. With time goverment and companies have to be practicle and change policies or laws. This has been happening and it should happen, particularly when it doesn't make sense. For goverment diversity is important but for company getting job done is more important. And primary purpose of EB category is to get things done.
Whatever you are saying is true for Family based categories. Employement category is defined to have skilled immigrants to help US businesses, that is why it is called employment based category. Let me explain you what you are saying. You are saying that I will ask compnay A to wait for five years to give promotion to person X, because quotas for his country are not available, and until he gets his green card he can not get promotion, instead give promotion to person Y which is less qualified but can get green card next month since his country has quotas available. Now does it make sense for company A to give promotion to less qualified person just because person X can not get his green card? Company won't do that and will end up sponsoring another qualified person. Or let me explain you in different way. If certain company has need for specific skill for long term and provided that there are not enough citizens to do that job, in this case company has to sponsor an immigrant, but since the requirement is for long term, company doesn't want him to be on immigrant visa for long term because sponsoring immigrant visa means money and more liability. In this case, even though company has much better match from a country whose immigrant visa are not available for many years, company might end up taking immigrant who is less qualified for the job. And company might say that, we can not take you since you won't be able to get green card for many years. If company does that then it would be an discrimination, but company doesn't have any choice.
Initially, it would have been good idea to have country limits because nobody was anticipating this kind of backlogs. But in current situation it doesn't make sense to keep it like that way. Goverment understands it, but they don't want to do anything because this has become political issue because of groups which represent illegal immigrants. With time goverment and companies have to be practicle and change policies or laws. This has been happening and it should happen, particularly when it doesn't make sense. For goverment diversity is important but for company getting job done is more important. And primary purpose of EB category is to get things done.
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CADude
02-21 11:16 AM
YES and YES.
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
more...
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ashkam
12-21 07:46 AM
Now I am really afraid. G-325 form has section to provide last 5 jobs. Since I had a gap, I didn't provide the details for the year 2001. I am royally screwed now! :(
G-325 does not ask for last 5 jobs, only last 5 year jobs, so you should be okay.
G-325 does not ask for last 5 jobs, only last 5 year jobs, so you should be okay.
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hiralal
06-08 10:19 PM
You might get your GC while you are at the retirement home....
that seems to be the idea. I meet lot of senior retired people from India ..they say they got their GC's at the age of 60 (through family) ..they get so bored and disappointed that they just go back and give up their GC's ..so yes I agree, think that you are on temporary visa, earn as much as you can and have 1 suitcase packed and ready to leave.
that seems to be the idea. I meet lot of senior retired people from India ..they say they got their GC's at the age of 60 (through family) ..they get so bored and disappointed that they just go back and give up their GC's ..so yes I agree, think that you are on temporary visa, earn as much as you can and have 1 suitcase packed and ready to leave.
more...
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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.
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bestia
01-19 01:28 PM
...
I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE.
....
Presenting copies of your documents to government officials is not PERSONAL use. You could argue that. Personal use is if you would be playing monopoly with copies of your documents with your friends. But if you make a copy of US document for the intent to present to US official and not to misrepresent the original document, it is not "personal use" and it is not illegal. That's why lawyers are suggesting making and having copies.
I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE.
....
Presenting copies of your documents to government officials is not PERSONAL use. You could argue that. Personal use is if you would be playing monopoly with copies of your documents with your friends. But if you make a copy of US document for the intent to present to US official and not to misrepresent the original document, it is not "personal use" and it is not illegal. That's why lawyers are suggesting making and having copies.
more...
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madsat1234
03-17 10:24 AM
I140 Approved 2006
June 2007 filing 485
Got EAD & AP and FP Done
June 2007 filing 485
Got EAD & AP and FP Done
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conchshell
07-28 11:00 AM
Instead of discussing this matter on IV forum ... please report it to Vishwa Hindu Parishad ( www.vhp.org ) They are actively searching for such issues.
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belmontboy
03-21 04:48 PM
There is no requirement for any company to sponsor green cards for any employee. A job is granted to you based on requirement of the company. Once that requirement no longer exists, the company can (and should) lay off the employee. This applies to H1 extensions and filing of GC.
GC filing is completely based on the company needing your service. Unless you totally excel and become indispensible to the company, they do not need to keep you. This is unlike a secure Govt. job in most 3rd world countries.
The conclusion is that this list would include ALL COMPANIES IN THE WORLD (and some Govts jobs). However, the list is not of rogue companies but simply companies that are run well.
Speaking generally, companies have no requirement to provide other benefits like health insurance, 401k, options...etc. But why do most companies offer these? - They do so to attract top talent. That's how a company distinguishes itself from its competitors.
Applying for GC has become one of the incentives.
A company offering GC incentive during hiring, but withholding it, would amount to unethical practice. And is certainly bound to lose its top talents (specifically immigrant ones)
GC filing is completely based on the company needing your service. Unless you totally excel and become indispensible to the company, they do not need to keep you. This is unlike a secure Govt. job in most 3rd world countries.
The conclusion is that this list would include ALL COMPANIES IN THE WORLD (and some Govts jobs). However, the list is not of rogue companies but simply companies that are run well.
Speaking generally, companies have no requirement to provide other benefits like health insurance, 401k, options...etc. But why do most companies offer these? - They do so to attract top talent. That's how a company distinguishes itself from its competitors.
Applying for GC has become one of the incentives.
A company offering GC incentive during hiring, but withholding it, would amount to unethical practice. And is certainly bound to lose its top talents (specifically immigrant ones)
a_yaja
12-28 03:05 PM
You mean 529? Thanks of telling. I was planning to open an account for my kid's college.
Are you sure they wont let you open an account even if the kid is american citizen by birth?
Your kid has to be a US citizen/ GC holder. You don't need to be either - except tht you need to be a resident of US with SSN (not sure if you need to be a legal resident). I live in Ohio and I opend a 529 for my daughter.
Are you sure they wont let you open an account even if the kid is american citizen by birth?
Your kid has to be a US citizen/ GC holder. You don't need to be either - except tht you need to be a resident of US with SSN (not sure if you need to be a legal resident). I live in Ohio and I opend a 529 for my daughter.
willgetgc2005
04-20 03:37 PM
Hello,
I can call right now. Please send me a PM
__________________________________________________
QUOTE=Administrator2]------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,[/QUOTE]
I can call right now. Please send me a PM
__________________________________________________
QUOTE=Administrator2]------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,[/QUOTE]
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