newbee7
07-09 04:32 PM
You chose to ignore this from your post
when we were certain the process will be completed very shortly
certain = 100%
You are reading what you want to read.
__________________
Not a legal advice.
Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
when we were certain the process will be completed very shortly
certain = 100%
You are reading what you want to read.
__________________
Not a legal advice.
Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
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immig4me
03-07 08:59 AM
/\/\/\/\/\/\/
__THISRES__92057.jpg "vampire knight wallpapers.")
rc0878
03-19 03:24 PM
Let's hope the following happens....coz EB3 seekers like me are also waiting for a long time.
May be I am not aware, say the dates move to 2005, then whoever has a PD till 2005 and has a pending 485, is bound to get GC approved, or incase the dates move back, then he/she is stuck again?
RC
Not only EB2, EB3 India also will move to April 2005, atleast for couple of months before this FY ends, to use the 140K numbers.
May be I am not aware, say the dates move to 2005, then whoever has a PD till 2005 and has a pending 485, is bound to get GC approved, or incase the dates move back, then he/she is stuck again?
RC
Not only EB2, EB3 India also will move to April 2005, atleast for couple of months before this FY ends, to use the 140K numbers.
2011 Kaname amp; Yuuki
vandanaverdia
09-11 12:13 PM
^^^ bump ^^^
more...
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.
ajthakur
07-14 06:25 PM
I filed EAD renewal on May 28 2008.
Service Center: Nebraska
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
Service Center: Nebraska
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
more...
Jaime
09-10 12:54 PM
There are thousands
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dvb123
02-19 12:12 AM
This radical idea will end retrogression radically. This concept is little tough for people who have no knowledge of country quota to understand.
1. There is a bill in the house now
HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.
3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then ROW people would be able to apply for I-140 and I-485 automatically.
4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely.
5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)
So, we should support HR 264 bill with a few amendments if possible.
1. There is a bill in the house now
HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.
3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then ROW people would be able to apply for I-140 and I-485 automatically.
4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely.
5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)
So, we should support HR 264 bill with a few amendments if possible.
more...
nojoke
09-19 04:55 PM
Never insisted you stop posting, was only hoping that you will post some sensible stuff
It’s my mistake, I always thought that Mr NoJoke will post something nice but you disappoint me all the time. Henceforth I will stick to your advice.
I am sticking to your advice, I am not reading that boring news.
You undertood what a forum is.
And again I don't need your certificate of approval.
It’s my mistake, I always thought that Mr NoJoke will post something nice but you disappoint me all the time. Henceforth I will stick to your advice.
I am sticking to your advice, I am not reading that boring news.
You undertood what a forum is.
And again I don't need your certificate of approval.
hair Yuki (Vampire Knight)
sweet23guyin
10-16 10:49 AM
||
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hsingh82
06-11 09:36 AM
Reply I received:
Thank you for contacting my offices. Your correspondence has been received, and we will respond to you as quickly as possible. A copy of your message is attached below for your records.
If you need immediate assistance regarding an urgent problem you are experiencing with the federal government, visit the "Help With Federal Agencies" section of the website for details on how to proceed so that your difficulties are brought to my attention as soon as possible.
If you are seeking information or services from my offices that are NOT related to my Legislative duties, please visit my "Services For Texans" section for more information.
Warmest Regards,
U.S. Senator John Cornyn
Thank you for contacting my offices. Your correspondence has been received, and we will respond to you as quickly as possible. A copy of your message is attached below for your records.
If you need immediate assistance regarding an urgent problem you are experiencing with the federal government, visit the "Help With Federal Agencies" section of the website for details on how to proceed so that your difficulties are brought to my attention as soon as possible.
If you are seeking information or services from my offices that are NOT related to my Legislative duties, please visit my "Services For Texans" section for more information.
Warmest Regards,
U.S. Senator John Cornyn
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masouds
02-15 04:14 PM
I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
"If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."
This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.
Right; So, why o why the priority date for Indian (and chinese) born immigrants are way before ROW? Because there are more of you guys than ROW who want to immigrate to US. And that is OK, since those countries have way more population than rest of the other countries and more professionals. It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
"If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."
This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.
Right; So, why o why the priority date for Indian (and chinese) born immigrants are way before ROW? Because there are more of you guys than ROW who want to immigrate to US. And that is OK, since those countries have way more population than rest of the other countries and more professionals. It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
more...
house Yuki carries the anti-vampire
akred
01-21 12:30 PM
My guess is that except for the early years (2001, maybe 2002), EB-2 timelines will be almost identical to EB-3.
Supporting reasons are -
1. As things stand today, EB-2 differs from EB-3 only in the amount of wages required when filing the petition.
2. EB-3 filers will naturally earn more money with experience and file fresh for EB-2 when they can.
Other things such as qualifications and 5 years of experience are easily obtained and not relevant with such long timelines.
Supporting reasons are -
1. As things stand today, EB-2 differs from EB-3 only in the amount of wages required when filing the petition.
2. EB-3 filers will naturally earn more money with experience and file fresh for EB-2 when they can.
Other things such as qualifications and 5 years of experience are easily obtained and not relevant with such long timelines.
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mdcowboy
06-10 07:42 PM
sent it to my friends too..this bill is ridiculous!:mad:
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nullpointergc
06-08 06:22 PM
You broke my heart. My kid is 5 yrs old so more wait for me.
The rate at which USCIS is denying H1B, L1 Extensions it seems people who in In process for.
PERM
140
485 might have to wait for sometime in the following manner.
EB 2- PD 2001 - Wait till 2012
EB 2- PD 2002 - Wait till 2015
EB 2- PD 2003 - Wait till 2017
EB 2- PD 2004 - Wait till 2020
EB 2- PD 2005 - Wait till 2023
EB 2- PD 2006 - Wait till 2026
EB 2- PD 2007 - Wait till 2028
EB 2- PD 2008 - Wait till 2031
EB 3- PD 2001 - Wait till 2015
EB 3- PD 2002 - Wait till 2019
EB 3- PD 2003 - Wait till 2024
EB 3- PD 2004 - Wait till 2028
EB 3- PD 2005 - Wait till 2032
EB 3- PD 2006 - Wait till 2036
EB 3- PD 2007 - Wait till 2040
EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....
I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....
The rate at which USCIS is denying H1B, L1 Extensions it seems people who in In process for.
PERM
140
485 might have to wait for sometime in the following manner.
EB 2- PD 2001 - Wait till 2012
EB 2- PD 2002 - Wait till 2015
EB 2- PD 2003 - Wait till 2017
EB 2- PD 2004 - Wait till 2020
EB 2- PD 2005 - Wait till 2023
EB 2- PD 2006 - Wait till 2026
EB 2- PD 2007 - Wait till 2028
EB 2- PD 2008 - Wait till 2031
EB 3- PD 2001 - Wait till 2015
EB 3- PD 2002 - Wait till 2019
EB 3- PD 2003 - Wait till 2024
EB 3- PD 2004 - Wait till 2028
EB 3- PD 2005 - Wait till 2032
EB 3- PD 2006 - Wait till 2036
EB 3- PD 2007 - Wait till 2040
EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....
I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....
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reddymjm
10-15 01:58 PM
I will mail it today or tomorrow.
more...
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downthedrain
02-03 10:31 AM
Thanks desi3933, couple more questions...
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 paystubs from this year?
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 paystubs from this year?
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pappu
04-05 11:52 AM
One more day to go before the end of this campaign.
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
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BharatPremi
10-25 11:38 AM
My PD: 07/2*/2003 EB3:INDIA:RIR
sri1309
03-09 01:10 PM
Anyone for May 09 predictions???
Lets start diong something. I'll start writing atleast one letter everyday to anyone who can help us. I'll start with Zoe Lofgren who was so supportive for us, and everyday I'll be writing to Obama on Change.gov.
I'll really appreciate comments on this bulletin from all of us disappointed once again, but would also like to see what action we can taKe.
We need action now.. this is too much. Next month or 2, the dates will become U, and then we start dreaming about Oct 1st.. Not good approach..
Anyone.. what will you be doing different today to fix our issues????
Lets start diong something. I'll start writing atleast one letter everyday to anyone who can help us. I'll start with Zoe Lofgren who was so supportive for us, and everyday I'll be writing to Obama on Change.gov.
I'll really appreciate comments on this bulletin from all of us disappointed once again, but would also like to see what action we can taKe.
We need action now.. this is too much. Next month or 2, the dates will become U, and then we start dreaming about Oct 1st.. Not good approach..
Anyone.. what will you be doing different today to fix our issues????
Saralayar
04-03 12:34 PM
Dude complete your profile first if you want to be taken seriously.
I would be hesitant to write to some anonymous email id.
For our accurate statistics, please fill all your details (Zuhail and others) with correct details (it won't affect you in anyways). For arriving at correct numbers for any Agendas, this is required. Then post your questions or start a thread in this forum.
I would be hesitant to write to some anonymous email id.
For our accurate statistics, please fill all your details (Zuhail and others) with correct details (it won't affect you in anyways). For arriving at correct numbers for any Agendas, this is required. Then post your questions or start a thread in this forum.
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