concorde
07-23 04:32 PM
Mine reached NSC on July 2 at 9:02 AM. Got Fedex delivery confirmation and no receipt from CIS yet. Will check with my lawyer for advise.
You must be joking :-) about asking the attorney for advise :-). See http://immigrationvoice.org/forum/showpost.php?p=122613&postcount=39
Unfortunately most of the attorneys don't seem to be on top of the situation
and will only list out the "obvious" possible outcomes which we ourselves can list out.!! So far, at least 2 attorneys I have approaced haven't been able to tell me how 2 485 applications for a single person are handled. Godammit, it is not some rocket science question; it has to be there in some USCIS manual/rule book or a section of the immigration law.
You must be joking :-) about asking the attorney for advise :-). See http://immigrationvoice.org/forum/showpost.php?p=122613&postcount=39
Unfortunately most of the attorneys don't seem to be on top of the situation
and will only list out the "obvious" possible outcomes which we ourselves can list out.!! So far, at least 2 attorneys I have approaced haven't been able to tell me how 2 485 applications for a single person are handled. Godammit, it is not some rocket science question; it has to be there in some USCIS manual/rule book or a section of the immigration law.
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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.
memyselfandus
04-09 09:32 AM
Details below
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abhishek101
06-15 11:36 AM
as a 501(3)(C) organization immigration voice has is limited in its efforts to contribute for any cause, while it can spend a max of 30 % (lawyers please comment) on Advocacy but it cannot do political campaigns openly, if people want to contribute and defeat Sen Grassley they need a 501(4) type of non profit.
more...
prioritydate
01-22 07:13 PM
Great discussion here, its great to see prospective from many folks.
Wonderful insights.
Saggi13
Man great venting.
Here is a question for you and for all of us in similiar circumstances. you got to ask a question.....what will make you happy. You took a great step in buying the house not because of any reason other than "you wanted your daughter needed some place to play". You took the decision, made a choice....Now you should be happy for you did what you deened important for you and you did it.
Now things went bad after buying a house, but overall you choose to buy this and that should make you happy.
Nothing personal Sagi13...your write was excellent about changes with in 9 months. It will all work out for you.
I read somewhere "happiness is in action". Its far more easier to ask sorry for something done, than to repent for something left undone.
For me what has worked so far is trying to stay out of Rat Race, and this too by choice.
I choose not to waste money on new cars, not my type, i refuse to judge people by the cars they drive. i have driven decent cars, but never paid a penny to anyone on car loan interest. So will i do for a house, god willing.
i make sure to spend a lot of time with family and friends, and real time spend relaxing, enjoying sun ...walks in morning.
i did spend a lot of money this last year on soft factors/family and friends...more than 10K ...i choose to do so; and i am happy so far.
This may not be a big amount for someone, and this expense could have been avoided but we choose to spend it, fine no issues.
My belief is, one got to make peace with one self, past is past ..and stop comparisons
We all make mistakes, i make more mistakes than my fair share of "1" a day...
Remember "we are spritual beings having human experiences". T
Here is another good line i try to remember always, think about what do you want...lets say GC.
Imagine you got GC today....now what will you do differently than what you are doing today. what change will GC bring to you as a person ( forget other crazy ideas we have created in our minds.....like help in job, realizing american dream, and please Donot cite reasons like it will be easier to travel/get a job. )
If you donot have any solid differences in your life...after getting a GC...then my friend you are in Rat Race.
This American dream is a bull ....by marketers, this is a dream for everyone on this planet, and most achieve it....by having a space where they can relax not by owning something....ownership is perceived notion. How can owning a piece of wood and concrete help anyone??
I tell you what! There is nothing positive about having a green card. I have a green card and I don't see any difference. Same old stuff, except that I didn't gave my finger prints on my last visit abroad. I think they are extended that finger printing mechanism to green card holders too, so nothing special.
Wonderful insights.
Saggi13
Man great venting.
Here is a question for you and for all of us in similiar circumstances. you got to ask a question.....what will make you happy. You took a great step in buying the house not because of any reason other than "you wanted your daughter needed some place to play". You took the decision, made a choice....Now you should be happy for you did what you deened important for you and you did it.
Now things went bad after buying a house, but overall you choose to buy this and that should make you happy.
Nothing personal Sagi13...your write was excellent about changes with in 9 months. It will all work out for you.
I read somewhere "happiness is in action". Its far more easier to ask sorry for something done, than to repent for something left undone.
For me what has worked so far is trying to stay out of Rat Race, and this too by choice.
I choose not to waste money on new cars, not my type, i refuse to judge people by the cars they drive. i have driven decent cars, but never paid a penny to anyone on car loan interest. So will i do for a house, god willing.
i make sure to spend a lot of time with family and friends, and real time spend relaxing, enjoying sun ...walks in morning.
i did spend a lot of money this last year on soft factors/family and friends...more than 10K ...i choose to do so; and i am happy so far.
This may not be a big amount for someone, and this expense could have been avoided but we choose to spend it, fine no issues.
My belief is, one got to make peace with one self, past is past ..and stop comparisons
We all make mistakes, i make more mistakes than my fair share of "1" a day...
Remember "we are spritual beings having human experiences". T
Here is another good line i try to remember always, think about what do you want...lets say GC.
Imagine you got GC today....now what will you do differently than what you are doing today. what change will GC bring to you as a person ( forget other crazy ideas we have created in our minds.....like help in job, realizing american dream, and please Donot cite reasons like it will be easier to travel/get a job. )
If you donot have any solid differences in your life...after getting a GC...then my friend you are in Rat Race.
This American dream is a bull ....by marketers, this is a dream for everyone on this planet, and most achieve it....by having a space where they can relax not by owning something....ownership is perceived notion. How can owning a piece of wood and concrete help anyone??
I tell you what! There is nothing positive about having a green card. I have a green card and I don't see any difference. Same old stuff, except that I didn't gave my finger prints on my last visit abroad. I think they are extended that finger printing mechanism to green card holders too, so nothing special.
starscream
06-12 11:34 AM
Kyl: CIR can be finished in a few days
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
please post the link to the NYTimes report and also to the report which says Cantwell amendment will be included
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
please post the link to the NYTimes report and also to the report which says Cantwell amendment will be included
more...
gc_chahiye
12-21 01:04 AM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
correct. out of status != unlawful presence.
So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.
correct. out of status != unlawful presence.
So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.
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chanduv23
07-13 07:18 AM
That is America my friends - people tend to move towards the direction of the wind.
A typical example - my wife was stressing out to get into a residency and was seeking help from contacts - everyone told "it is not easy for immigrants" it is a challenge, it is difficult." When she got into residency, the same people say that America is a land of opportunities, and your wife is intelligent ......
Thats how this Sheela Murthy is. Cannot initiate anything, but will want to take credit for participating in success.
A lot of Attorneys currently have no clue what is going on in the background.
A typical example - my wife was stressing out to get into a residency and was seeking help from contacts - everyone told "it is not easy for immigrants" it is a challenge, it is difficult." When she got into residency, the same people say that America is a land of opportunities, and your wife is intelligent ......
Thats how this Sheela Murthy is. Cannot initiate anything, but will want to take credit for participating in success.
A lot of Attorneys currently have no clue what is going on in the background.
more...
immigal
09-26 12:44 PM
No. Please attach copy of the affidavit. If you are called for interview, carry the original affidavit with you. This is what my attorney did..send the copy.
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voldemar
06-20 06:01 PM
its illegal to take color photocopies of driver licences, ONLY send b/wAnd wait for RFE.
USCIS is asking for COLOR copies of DL and passport.
USCIS is asking for COLOR copies of DL and passport.
more...
imv116
04-02 03:13 PM
[quote=sweet_jungle]
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
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vin13
03-09 12:59 PM
Please do not start the may prediction right now. :rolleyes:
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hope_4_best
03-17 03:16 PM
My PD is :- June 28, 2002
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techskill
09-18 12:28 PM
Then we shud ask him what are the fundametals of the economy.Because once he said he doesnt know anything abt economy.
more...
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spicy_guy
08-11 05:57 PM
Again, as I mentioned, we are jumping all over the board with different ideas and opinions. This leads to no where. Someone who has good understanding of USCIS / DOS / Govt procedures should come up with an agenda and move forward from there. We'll need to work with IV leadership team too. (At this time, I don't think they are even looking into this effort, as understandably they have other goals in hand). However, we should approach them with concrete plan of action.
Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
We need focused efforts.
Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.
What say you guys?
Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.
Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
We need focused efforts.
Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.
What say you guys?
Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.
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venky321
08-22 09:36 AM
Seriously, why are you giving OP such a hard time? She only came here looking for help.
I am not sure if she is illegal or not, but atleast you could have told her that politely instead of taunting her with it.
OP, just so you know, the majority of the posters here have to endure long long waits for their US green cards, greater than 10 years sometimes. Because of that they tend to become hyper sensitive when it comes to immigration matters, especially when they think someone is stepping out of line and trying to manipulate the system. Dont mean to imply at all , thats what you are doing.
Your case is too complicated and I haven't come across such a scenario; I'd suggest talking to an attorney; while it might be expensive, some attorneys might be willing to talk to you free for a few minutes, for a basic consultation. Atleast you may find out if you are legal or not.
I am not sure if she is illegal or not, but atleast you could have told her that politely instead of taunting her with it.
OP, just so you know, the majority of the posters here have to endure long long waits for their US green cards, greater than 10 years sometimes. Because of that they tend to become hyper sensitive when it comes to immigration matters, especially when they think someone is stepping out of line and trying to manipulate the system. Dont mean to imply at all , thats what you are doing.
Your case is too complicated and I haven't come across such a scenario; I'd suggest talking to an attorney; while it might be expensive, some attorneys might be willing to talk to you free for a few minutes, for a basic consultation. Atleast you may find out if you are legal or not.
more...
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JalwaeJana
11-12 04:16 PM
If EB2 I becomes current , who benefits its EB3 I as the spillover will go EB3 India as India is the most retrogressed country. Our effort does not impact ROW EB2 as they are current any way. EB2 China will also benefit as spill over will help them. So supporting quarterly spillover is in EB3 India's. Make EB2 C and all over flow goes to EB3 I. Finally by opposing this it will not help EB3 I any way unless it makes you happy to see everybody suffer as long as you are suffering.
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Hassan11
07-17 02:31 PM
let us keep fighting /exposing these liars.
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bigboy007
06-11 12:36 PM
Don’t think you understand so let me give it a shot.
Let’s be smart, think for ourselves and act on our own behalf to send simple message requesting the Senate offices to oppose this amendment. What is so complicated about this? And if you don't want to participate, that's fine, but why would you discourage others from sending a simple message to the Senators from their state? Don't you have anything better to do?
Great explanation , Thank you for posting.
Let’s be smart, think for ourselves and act on our own behalf to send simple message requesting the Senate offices to oppose this amendment. What is so complicated about this? And if you don't want to participate, that's fine, but why would you discourage others from sending a simple message to the Senators from their state? Don't you have anything better to do?
Great explanation , Thank you for posting.
neelu
12-13 01:01 PM
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
Our dear Pappu,
I understand how difficult it must be to respond to so many questions directed towards core members, and can understand how frustrating it can be to answer repetitive questions.
So thanks for clarifying this again for many of us who thought an easy route was available (but half knew that it was there, it would have been taken).
But can I please add that if this question has been asked repetitively, I think it warrants to be added to the "The Employment-Based Green Card: Process and Problems" section on the home page, so people can find the answer easily that searching our huge forum database. I understand that each of you are very busy and feel bad that I am adding additional work.
Thank you.
Neelu
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
Our dear Pappu,
I understand how difficult it must be to respond to so many questions directed towards core members, and can understand how frustrating it can be to answer repetitive questions.
So thanks for clarifying this again for many of us who thought an easy route was available (but half knew that it was there, it would have been taken).
But can I please add that if this question has been asked repetitively, I think it warrants to be added to the "The Employment-Based Green Card: Process and Problems" section on the home page, so people can find the answer easily that searching our huge forum database. I understand that each of you are very busy and feel bad that I am adding additional work.
Thank you.
Neelu
hmehta
11-20 12:50 AM
Probably, at this moment it might still be true but the reality is that it is soon going to be demoted from this position......so there is nothing like missing the opportunity....!!!!
Please do not take any precipitated steps that harm yours status ! Calm down. This is still the strongest economy in the world. You don't want to miss this unique opportunity !
Please do not take any precipitated steps that harm yours status ! Calm down. This is still the strongest economy in the world. You don't want to miss this unique opportunity !