logiclife
12-20 07:55 PM
<If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), 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.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), 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.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
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GCcomesoon
04-29 02:18 PM
Hi
As mentioned in my previous post
I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.So does that mean biometrics is needed in my case as the message which is commmon - Card production is not given which I guess is sent for most of the approved cases ?
Or has anyone updates after the approval message ?
Thanks
GCcomesoon
I called TSC yesterday & they said that biometrics notice has been requested ( which they said to me 1 month back too ) , Now till I get my biometrics done, I won't get the actual physical card.Keep in USCIS in mind, I wonder how much time this will take ??
Would appreciate if anyone could share any thoughts, any similar experiences?
Thanks
GCcomesoon
As mentioned in my previous post
I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.So does that mean biometrics is needed in my case as the message which is commmon - Card production is not given which I guess is sent for most of the approved cases ?
Or has anyone updates after the approval message ?
Thanks
GCcomesoon
I called TSC yesterday & they said that biometrics notice has been requested ( which they said to me 1 month back too ) , Now till I get my biometrics done, I won't get the actual physical card.Keep in USCIS in mind, I wonder how much time this will take ??
Would appreciate if anyone could share any thoughts, any similar experiences?
Thanks
GCcomesoon
andy garcia
09-10 11:48 AM
We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
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Dhundhun
07-12 09:28 PM
http://immigrationvoice.org/forum/showthread.php?t=20141
Somebody with Nov05 PD tried to renew EAD and was given a 3 month EAD.......
Use of "01" instead of "10" has been common mistake by USCIS. I came across couple of such cases. This is typo error and they will fix it.
Somebody with Nov05 PD tried to renew EAD and was given a 3 month EAD.......
Use of "01" instead of "10" has been common mistake by USCIS. I came across couple of such cases. This is typo error and they will fix it.
more...
BharatPremi
08-29 04:00 PM
Desi consulting company and reliable ?:D:confused::D:confused::D:rolleyes::rolleyes::ro lleyes:
slowwin
07-23 07:56 AM
now that the Small Business lending program has passed the 60 vote threshold, they would be putting Amndt. to it for vote. any idea, when sanders Amndt. will be vote on ?:mad:
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coopheal
03-12 10:36 AM
WHAT are you all doing? you want our money and our involvement for what?
Pappu does not want your money. Shame on you for saying that.
People are contributing it for their own benefits.
Pappu does not want your money. Shame on you for saying that.
People are contributing it for their own benefits.
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indianindian2006
07-14 05:35 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Could you inform us what your Eb category is and what is your priority dates.
TIA
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Could you inform us what your Eb category is and what is your priority dates.
TIA
more...
gc_on_demand
11-14 03:19 PM
Not for us but for some one they will meet and discuss
http://judiciary.house.gov/hearings/calendar.html
If Zoe can bring this up then we may be able to push for HR 5882. Seems like no one is interested in HR 5882.
Come on ! some one from california should help us in this one.. Call Zoe's office and find out where we are on HR 5882.
http://judiciary.house.gov/hearings/calendar.html
If Zoe can bring this up then we may be able to push for HR 5882. Seems like no one is interested in HR 5882.
Come on ! some one from california should help us in this one.. Call Zoe's office and find out where we are on HR 5882.
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ashwin_27
07-01 03:47 PM
I think the new reference # for the Sanders Amendment is now
Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??
People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!
Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??
People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!
more...
neoarch
12-23 10:24 AM
Hi all,
I reached US on H4 visa with my husband 6 months ago. I have been working in an IT firm back in India. Now my husband's contract got extended and it seems like we will be here for some years. I don't want to waste my career by simply sitting at home. I have searched through many job sites and I got many calls from desi consultants. Many of them are asking me to change the resume as I have only 2 yrs of experience. By reading thorugh all the forums and articles I am aware of the traps of desi consultants.
I do not want to show any fake experience. All these consulting firms are saying that I won't get any job here without changing my resume.. :(
I just want to know your humble opinion about the options I can try. Is it impossible to get through with 2 yrs of experience? Please share your thoughts on it. I feel very sad thinking about my career. :(
I reached US on H4 visa with my husband 6 months ago. I have been working in an IT firm back in India. Now my husband's contract got extended and it seems like we will be here for some years. I don't want to waste my career by simply sitting at home. I have searched through many job sites and I got many calls from desi consultants. Many of them are asking me to change the resume as I have only 2 yrs of experience. By reading thorugh all the forums and articles I am aware of the traps of desi consultants.
I do not want to show any fake experience. All these consulting firms are saying that I won't get any job here without changing my resume.. :(
I just want to know your humble opinion about the options I can try. Is it impossible to get through with 2 yrs of experience? Please share your thoughts on it. I feel very sad thinking about my career. :(
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vdlrao
07-14 01:26 PM
link does not work
http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm
see table 6 in that link
http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm
see table 6 in that link
more...
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gautamagg
04-23 01:41 PM
Thanks for your very kind feedback everyone. Let me address a few things all of you raised:
1. Not once did I mention I represent Immigration Voice - in fact the man in the white shirt assumed I did and I categorically along with my 4 friends said I was not.
2. Talking about being elitist:
a). I am not sure what makes you believe that - if its the words like prestigious etc. Keep in mind my friends, these are politicians you are talking to. You got to use a language that resonates the flaws in their laws. And when a powerful statement like mentioning a school can be made, I would make it. In addition, its about telling a story with passion, they all know about the EB2/ EB3 issues, retrogression, inability to apply 485, spouses inability work. Our telling them those same issues again wont help especially to the one who wrote the new proposal. You have to tell him a story that shows that the US will be hurt as we have other options - if we show them an attitude that this is country is our only option, they will not do much but abuse our rights further. He should be told they would loose us. In fact the passive Indian attitude has to be killed. We need to have the "WTF" attitude and not believe the GC being the end of our lives.Let them know we carry the skilled edge and if you don't fix our situation then its only your loss. This is what the foundation was of our country's independence - don't forget that.
b). Don't tell me people did not have personal agendas to fight for. We legals are crying about illegals coming ahead of us. People in EB2 don't read about EB3. IV focuses on employment based issues - what about people on family based issues? What about people who have green cards but can't marry because of waiting periods. These are all issues and equally important from the eyes of the person suffering them. We all have our agendas.
i). The dude in the white shirt did not want IV guys to read what the Latinos had to say on their flyer. Was he not trying to promote IV's agenda at a predominantly illegal and Latinos focused gathering?
Some of us wanted English in a crowd that was primarily Hispanic. Was that not an agenda?
ii). How many of you would have been part of IV if you already had a green card - even though you faced so many hurdles. I bet none of you. You all care about your GCs - lets be honest. At least in my case I know nothing can happen for me to go to school this year and I am taking a chance in India. I know I wont get the benefit of it - but I am raising a concern for future people who could benefit.
iii). Talking about agendas - think with a cool mind - My story and that of the other 15 people's is actually a pretty powerful story to discuss in media - to go to newspapers to go to lawmakers - we are backed by the Stanfords and the Harvards. Our story is a perfect platform one could use to affect Immigration Reform. And I did reach out to IV about this a month ago - but since we were only 14 it is not on your agenda. Its all about numbers - and the rally proved it. The Senator talked only about illegals since that was his audience. IV folks were on the podium - what happened? Did one statement come about legals? No. Because we are not in the millions. Because we are chicken about loosing our jobs if we go on a country wide 1 day strike to prove how we can damage the economy if we don't work. We can't even get our employers to rally up for us where as the illegals have got their employers talk about them.
iv). How many of us realize that we are better off with an IT job that pays well when one compares to the 20K odd cash jobs the illegals support families of 4+ with? We all knew spouses cant work on H4 but we still got married - we all want to make more money with a better control on life and therefore we talk about reforms - trust me we all are better off than those illegals. But yet we have our own agenda and we are complaining.
3. Anyone who thinks I should get out of the portal - trust me you are not promoting free speech - the very essence of this country - I'll do what is right for me as long as I don't hurt anyone else...But don't get stressed if you did not get your chance...Its about survival of the fittest and when IV decided not to bring my case up, it was for me to bring it up. I believe in leading in the absence of a leader. I do not doubt IV's efforts but that rally was not your effective place. It was clearly addressed to the illegals and therefore I rose. I am in the same boat as all of you cant apply for stage 3, but then I took a stand, F*** the GC, I want to create my own destiny and not let a moron decide that I will stay a software engineer for the rest of my life...may of you want to go to school to get educated but are waiting for GC to happen - I was in that boat for ever too but enough is enough, I wont let my identity and my self respect be treated by the "Hijda visa" we all have to live off. I mean it DO NOT show a begging attitude for change in laws - be aggressive like the Latinas - you saw what happened at the rally. These lawmakers are looking for numbers to get votes - they don't care about you and me....they really don't....
4. Lastly, anyone who thinks I wanted free legal advice feel free to drop a note to me to see my lawyers fees in the last 3 weeks - also feel free to call Rajiv Khanna to see how many times I have spoken to him - the uniqueness of my situation caused him enough pain that he did a free conf-call 3 weeks ago and someone from IV was there too. Instead of being focused on the agenda of the call - he was trying to change focus to the agenda of getting his wife to work on H2 by moving to J1 and doing to school - these are all agendas my friends...
1. Not once did I mention I represent Immigration Voice - in fact the man in the white shirt assumed I did and I categorically along with my 4 friends said I was not.
2. Talking about being elitist:
a). I am not sure what makes you believe that - if its the words like prestigious etc. Keep in mind my friends, these are politicians you are talking to. You got to use a language that resonates the flaws in their laws. And when a powerful statement like mentioning a school can be made, I would make it. In addition, its about telling a story with passion, they all know about the EB2/ EB3 issues, retrogression, inability to apply 485, spouses inability work. Our telling them those same issues again wont help especially to the one who wrote the new proposal. You have to tell him a story that shows that the US will be hurt as we have other options - if we show them an attitude that this is country is our only option, they will not do much but abuse our rights further. He should be told they would loose us. In fact the passive Indian attitude has to be killed. We need to have the "WTF" attitude and not believe the GC being the end of our lives.Let them know we carry the skilled edge and if you don't fix our situation then its only your loss. This is what the foundation was of our country's independence - don't forget that.
b). Don't tell me people did not have personal agendas to fight for. We legals are crying about illegals coming ahead of us. People in EB2 don't read about EB3. IV focuses on employment based issues - what about people on family based issues? What about people who have green cards but can't marry because of waiting periods. These are all issues and equally important from the eyes of the person suffering them. We all have our agendas.
i). The dude in the white shirt did not want IV guys to read what the Latinos had to say on their flyer. Was he not trying to promote IV's agenda at a predominantly illegal and Latinos focused gathering?
Some of us wanted English in a crowd that was primarily Hispanic. Was that not an agenda?
ii). How many of you would have been part of IV if you already had a green card - even though you faced so many hurdles. I bet none of you. You all care about your GCs - lets be honest. At least in my case I know nothing can happen for me to go to school this year and I am taking a chance in India. I know I wont get the benefit of it - but I am raising a concern for future people who could benefit.
iii). Talking about agendas - think with a cool mind - My story and that of the other 15 people's is actually a pretty powerful story to discuss in media - to go to newspapers to go to lawmakers - we are backed by the Stanfords and the Harvards. Our story is a perfect platform one could use to affect Immigration Reform. And I did reach out to IV about this a month ago - but since we were only 14 it is not on your agenda. Its all about numbers - and the rally proved it. The Senator talked only about illegals since that was his audience. IV folks were on the podium - what happened? Did one statement come about legals? No. Because we are not in the millions. Because we are chicken about loosing our jobs if we go on a country wide 1 day strike to prove how we can damage the economy if we don't work. We can't even get our employers to rally up for us where as the illegals have got their employers talk about them.
iv). How many of us realize that we are better off with an IT job that pays well when one compares to the 20K odd cash jobs the illegals support families of 4+ with? We all knew spouses cant work on H4 but we still got married - we all want to make more money with a better control on life and therefore we talk about reforms - trust me we all are better off than those illegals. But yet we have our own agenda and we are complaining.
3. Anyone who thinks I should get out of the portal - trust me you are not promoting free speech - the very essence of this country - I'll do what is right for me as long as I don't hurt anyone else...But don't get stressed if you did not get your chance...Its about survival of the fittest and when IV decided not to bring my case up, it was for me to bring it up. I believe in leading in the absence of a leader. I do not doubt IV's efforts but that rally was not your effective place. It was clearly addressed to the illegals and therefore I rose. I am in the same boat as all of you cant apply for stage 3, but then I took a stand, F*** the GC, I want to create my own destiny and not let a moron decide that I will stay a software engineer for the rest of my life...may of you want to go to school to get educated but are waiting for GC to happen - I was in that boat for ever too but enough is enough, I wont let my identity and my self respect be treated by the "Hijda visa" we all have to live off. I mean it DO NOT show a begging attitude for change in laws - be aggressive like the Latinas - you saw what happened at the rally. These lawmakers are looking for numbers to get votes - they don't care about you and me....they really don't....
4. Lastly, anyone who thinks I wanted free legal advice feel free to drop a note to me to see my lawyers fees in the last 3 weeks - also feel free to call Rajiv Khanna to see how many times I have spoken to him - the uniqueness of my situation caused him enough pain that he did a free conf-call 3 weeks ago and someone from IV was there too. Instead of being focused on the agenda of the call - he was trying to change focus to the agenda of getting his wife to work on H2 by moving to J1 and doing to school - these are all agendas my friends...
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The7zen
01-22 12:38 PM
No, people with all personalities exist every where. I just took two typical cases. Does Warren Buffet care about car or home he has? His happiness lies in multiplying his wealth (bank account), not in expensive cars/homes. Wealth, big homes, GC, etc. have nothing to do with peace of mind. The moment we get our GC, our happiness level will go up momentarily, and then after a while we'll find things to be unhappy again.
Case in question above, where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly choose to sacrifice his peace of mind for more material wealth.
We always pay in some form for any happiness we seek.
Well said.
My Happiness lies whenever i strike a balance between both the scenarios you mentioned...some years its well balanced and some years the scale tends to tip on one side (but does not make me sad or atleast i dont let it make me sad)...I just try to keep an eye on the scale and try to balance it accordingly.....:)
Case in question above, where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly choose to sacrifice his peace of mind for more material wealth.
We always pay in some form for any happiness we seek.
Well said.
My Happiness lies whenever i strike a balance between both the scenarios you mentioned...some years its well balanced and some years the scale tends to tip on one side (but does not make me sad or atleast i dont let it make me sad)...I just try to keep an eye on the scale and try to balance it accordingly.....:)
more...
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abcdefgh
01-16 11:21 AM
Date of sign up: Jan. 16, 2007
Subscription Name: Secure $20 Per Month Recurring Contribution
Subscription Number: S-92E2356024336193V
Can you confirm?
Subscription Name: Secure $20 Per Month Recurring Contribution
Subscription Number: S-92E2356024336193V
Can you confirm?
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gangadhargs
12-25 12:35 PM
I got my reply from USCIS today. The receipt number is NRC2008072623.
more...
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mchundi
07-24 10:32 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
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dummgelauft
08-21 12:51 PM
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
Now, coming to your case.
I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
(1) Family based
(2) Employment based
(3) Humanitarian / Refugee
(4) Diversity Based
It is still not clear, what CATEGORY he applied for you under.
(a) Can not be family based (you are not his spouse, child, sibling etc)
(b) You CERTAINLY DO NOT qualify under Employment based application.
(c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
Get your self back in to Cananda and work towards building your life back up.
Bon fin semaine!!
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
Now, coming to your case.
I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
(1) Family based
(2) Employment based
(3) Humanitarian / Refugee
(4) Diversity Based
It is still not clear, what CATEGORY he applied for you under.
(a) Can not be family based (you are not his spouse, child, sibling etc)
(b) You CERTAINLY DO NOT qualify under Employment based application.
(c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
Get your self back in to Cananda and work towards building your life back up.
Bon fin semaine!!
hairstyles 13 Responses to “Mr. Rogers
gvenkat
09-09 01:00 PM
Unless there is a concrete effort just for EB3-I, Nothing is going to happen. It's just unfortunate that we are just a subset who are affected. In reality everyone else gets a GC in 5-6 years..
desi3933
02-03 07:15 AM
Here is the text under the attachment section
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
gsc999
09-26 08:55 PM
Here's a classic example ..
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
---
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
---
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.