We are not terrorist. Majority are from India, China etc. You are asking for help from terrorists !!!!!!!!!!! (according to you)
We didn't blow up any buildings. We built buildings, civilized world, literature and technology.
We have more than 5000 years of civilized history. That time your people and Europeans are nomads and barbarians. We have great universities and Cities during ancient times.
You are totally ignorant about the world you live. Leave about immigration. You are day dreaming. You thought just file I-485 will give you GC, you need to file I-130 or I-140 before that.
The majority of you people are cruel and harsh individuals, how dare you insult a man that is sick just because of his weight. The majority of you are also from middle eastern countries - not exactly buddies with the USA. Canadians didn't come here to blow up buildings, people from your part of the world did. Canadians were here to help, and were one of the first countries on the scene.
Canadians are allies, not enemies. You folks need to be the ones to go back where you came from!
We didn't blow up any buildings. We built buildings, civilized world, literature and technology.
We have more than 5000 years of civilized history. That time your people and Europeans are nomads and barbarians. We have great universities and Cities during ancient times.
You are totally ignorant about the world you live. Leave about immigration. You are day dreaming. You thought just file I-485 will give you GC, you need to file I-130 or I-140 before that.
The majority of you people are cruel and harsh individuals, how dare you insult a man that is sick just because of his weight. The majority of you are also from middle eastern countries - not exactly buddies with the USA. Canadians didn't come here to blow up buildings, people from your part of the world did. Canadians were here to help, and were one of the first countries on the scene.
Canadians are allies, not enemies. You folks need to be the ones to go back where you came from!
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In this visa bulletin there is reasonable movement in family category. So, its not fair to conclude USCIS is not working.
Mine and spouse I 485 are approved on 5th Oct 2010 after RFE and answering it.
But Kids one is not approved showing online status as initial review.
I called USCIS and came to know that I can not create second SR until I complete 30 days after answering first SR.
But I did not get answer for first SR. They are saying There is RFE on principal candidate application.
But that one is cleared and approved.
I escalated the issue to second level and then they are mentioning my kids one is also approved on last Monday. But still the online status is showing as initial review.
Is it or same kind of thing happened to any one else?
Please guide your experience.
But Kids one is not approved showing online status as initial review.
I called USCIS and came to know that I can not create second SR until I complete 30 days after answering first SR.
But I did not get answer for first SR. They are saying There is RFE on principal candidate application.
But that one is cleared and approved.
I escalated the issue to second level and then they are mentioning my kids one is also approved on last Monday. But still the online status is showing as initial review.
Is it or same kind of thing happened to any one else?
Please guide your experience.
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Guys,
Someone left a red dot on post with message: " tells of your lack of ideas".
I never said that this is the only option left and we have to do this. This was one of the proposal / suggestion. We welcomed other suggestions too! What I wanted and I still want is to do something, I wanted to have a brain storming so that we can come up with some better positive idea. This is not new. We had similar hurdles when tried to request people to promote HR 5882 and other events.
Above note is a sign of complete loser. This type of people don't have guts to come up in front and express their views because they really don't have guts to do anything. I am not ashamed that I proposed flower campaignwhere there are other possibly better options available.
I still strongly believe that doing something is always better than cursing something who is trying to do something or doing nothing.
Seriously, its not illegal lobbies that we are more threatened by. Its our own people.
I agree we need to do something big to end never-ending regression.
Let us organise:
"WORK-ROUND-THE-CLOCK non-stop for 24 hours"
This will generate lot of interest in media for the hard-working immigrant community
It will get us support from our Employers/Managers & hurt none
It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day
I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked
WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.
Someone left a red dot on post with message: " tells of your lack of ideas".
I never said that this is the only option left and we have to do this. This was one of the proposal / suggestion. We welcomed other suggestions too! What I wanted and I still want is to do something, I wanted to have a brain storming so that we can come up with some better positive idea. This is not new. We had similar hurdles when tried to request people to promote HR 5882 and other events.
Above note is a sign of complete loser. This type of people don't have guts to come up in front and express their views because they really don't have guts to do anything. I am not ashamed that I proposed flower campaignwhere there are other possibly better options available.
I still strongly believe that doing something is always better than cursing something who is trying to do something or doing nothing.
Seriously, its not illegal lobbies that we are more threatened by. Its our own people.
I agree we need to do something big to end never-ending regression.
Let us organise:
"WORK-ROUND-THE-CLOCK non-stop for 24 hours"
This will generate lot of interest in media for the hard-working immigrant community
It will get us support from our Employers/Managers & hurt none
It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day
I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked
WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.
If you have lots of money in the US you may be at risk of losing atleast some part of it. I think buying gold or buying property at a bargain price would be a safe bet. Don't let too much money in the banks. FDIC insurance covers upto $100K for an individual acct.
Some analysts say that approximately 150 banks or investment firms are expected to fall within the next 15 months. There is a high chance for FDIC to go bankrupt. But if that doesn't happen currency value of the USD might sink.
Save your savings now or never
Greenspan one of the architects of this mess says, this is once in a century event.
Greedy politicians are saying, this is because of the greed in wall street but not the people.
I485 applicants say, show me the green (money)
Some analysts say that approximately 150 banks or investment firms are expected to fall within the next 15 months. There is a high chance for FDIC to go bankrupt. But if that doesn't happen currency value of the USD might sink.
Save your savings now or never
Greenspan one of the architects of this mess says, this is once in a century event.
Greedy politicians are saying, this is because of the greed in wall street but not the people.
I485 applicants say, show me the green (money)
Are we concluding that we will not have any support from IV for EB3?
Can we draft a letter to USCIS and push it through the founding fathers of IV?
I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.
Everyone wants to do that. But the question is how?
Can we draft a letter to USCIS and push it through the founding fathers of IV?
I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.
Everyone wants to do that. But the question is how?
Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
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CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
Please Participate in this...
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Thank You ! That was a good peek into your level of knowledge and understanding. No wonder you are always jealous of IT guys.
I am not jealous of computer workers, I pity their life, their overall ignorance about things around and their unwarrented arrogance.
I am not jealous of computer workers, I pity their life, their overall ignorance about things around and their unwarrented arrogance.
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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, even if you change the employer before 180 days completion of 485 filing.
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?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
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, even if you change the employer before 180 days completion of 485 filing.
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?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
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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.
I hope this happens. :)
I hope this happens. :)
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Exactly, And how many from South America? 30% of the population is going to be hispanic by 2050.
Perhaps your number is not based on legal immigration. It might reach this number if you add up the illegal ones, and that is why the gov. is building the walls to stop them enter at borders and try to find the illegal ones and send them out.
Perhaps your number is not based on legal immigration. It might reach this number if you add up the illegal ones, and that is why the gov. is building the walls to stop them enter at borders and try to find the illegal ones and send them out.
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Here is a summary of what we discussed in the conference call. Please add anything that I may have missed out.
1> Contact local congressmen - This is by far the most important thing that we have to do. As mentioned in my previous posts, congressmen will talk to only their district people, so each one of us has to try to contact the local congressmen - Varsha, Sanjay, Shekar, Ajay and Rajeev
2> Investigate our options with EBC radio - Sanjay
3> Investigate our options with Namaste America, AVS - Don't remember who volunteered for this
4> Distribute Flyers at Metropark on Monday - Ajay and Shekhar
5> Distribute Flyers at Bridgewater Temple - Varsha, Sanjay, Shekar, Ajay and Rajeev - Saturday, 02/03/2007
6> Come up with catch flyer sentences - Varsha to come up with the first draft. Lets try to close this out by Wednesday, 01/31/2007.
7> Investigate options with local newspapers - Ajay
8> Contact Oprah Winfrey - Varsha
9> Continue ongoing membership drive - Varsha, Sanjay, Shekar, Ajay and Rajeev
Option Ruled Out - Advertising in Movie Theater
Reason -
1>Cannot control the screens the advertisement will be played on
2>Because of above, could backfire if people not pro-immigration
3>Very expensive. Cost just not justify the benefit
Thank you all for your participation in the call today.
Thanks,
Varsha
1> Contact local congressmen - This is by far the most important thing that we have to do. As mentioned in my previous posts, congressmen will talk to only their district people, so each one of us has to try to contact the local congressmen - Varsha, Sanjay, Shekar, Ajay and Rajeev
2> Investigate our options with EBC radio - Sanjay
3> Investigate our options with Namaste America, AVS - Don't remember who volunteered for this
4> Distribute Flyers at Metropark on Monday - Ajay and Shekhar
5> Distribute Flyers at Bridgewater Temple - Varsha, Sanjay, Shekar, Ajay and Rajeev - Saturday, 02/03/2007
6> Come up with catch flyer sentences - Varsha to come up with the first draft. Lets try to close this out by Wednesday, 01/31/2007.
7> Investigate options with local newspapers - Ajay
8> Contact Oprah Winfrey - Varsha
9> Continue ongoing membership drive - Varsha, Sanjay, Shekar, Ajay and Rajeev
Option Ruled Out - Advertising in Movie Theater
Reason -
1>Cannot control the screens the advertisement will be played on
2>Because of above, could backfire if people not pro-immigration
3>Very expensive. Cost just not justify the benefit
Thank you all for your participation in the call today.
Thanks,
Varsha
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I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
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Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
See their board and IV name is in it
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
See their board and IV name is in it
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If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!
If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.
If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.
And you are a perfect desi... who wants to get everything without giving anything and to add on to that provoke others and distract them.
Nothing is free, and nothing will happen over night. It takes time and political to get these things done.
Think for a second ..
how many members are there on IV = More than 30000
How many donate = less than 200 give or take
How many yell and suggest and expect that core will leave everything and start working on the suggestion = Everyone
Now if you are in this situation , where you are not even responsible to do anything for anyone(like desi politician)... would you even do what IV is doing? No, forget that you won't even think of creating IV.
So you know my next sentence.. keep it low and be out .. or sober up and get in line and be the one to do the right thing so that you can look into your eyes in the mirror next time.
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
Nothing is free, and nothing will happen over night. It takes time and political to get these things done.
Think for a second ..
how many members are there on IV = More than 30000
How many donate = less than 200 give or take
How many yell and suggest and expect that core will leave everything and start working on the suggestion = Everyone
Now if you are in this situation , where you are not even responsible to do anything for anyone(like desi politician)... would you even do what IV is doing? No, forget that you won't even think of creating IV.
So you know my next sentence.. keep it low and be out .. or sober up and get in line and be the one to do the right thing so that you can look into your eyes in the mirror next time.
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
