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  • Johnny Depp as Willy Wonka.



  • Chandu,
    I filed 485 , Ead , Ap on my own... But i want to hire Rajiv/Sheela just for
    AC21 package... any idea how much do they charge ?

    Also if i use any attorney for coining just the "AC21 reply" will it change my case representation ? i mean do i have to use attorney for future communications as well ?

    Thanx

    I don't deal with Rajiv or Sheela - in fact I approached their offices during the July fiasco but was told that they are not taking any new clients.

    Others maybe able to help you with your answer.





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  • <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.





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  • This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.

    :mad::mad::mad::mad::mad::mad::mad::mad:

    Thats for those who are still in US. You have been put of US and reentered , so dont worry...Chill out





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  • I moved to a desi consulting company after I got layed off in 6th year of h1b. ..................... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. ............ and finally I had to talk to my employer and we deicded not to use their services anymore just for my case,.


    Chandu,

    Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.

    I am sure there are other issues with your lawyer, but this case is kind of fair.

    There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.





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  • You will receive one for your request please post here.





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  • ****Plus $12K and then what? You will leave the firm in 6 months.****

    Working for them till I get green card itself a big thing.You know getting green card takes a decade. How can you leave in 6 months just after filing.

    BTW,Are you the owner of one of these companies?

    Companies,

    Don't show green card fruits before hiring an employee...Just be frank. Say it if you dont do green card before hiring , not after joining.





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  • Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.

    You are right that it wont make any dent not becasue of the numbers of indians, chinease or mexicans but because we failed to identify the problem at a basic level.

    if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?





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  • We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.





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  • Category: EB3 India
    PD: Oct 2004
    140 Approved
    485 Applied July 07 and pending.





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  • I wish these bills the best! Also, once we have a new president we will have another shot at solving our immigration woes! Let's go for it guys!





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  • Eb2-i : 15-feb-04
    eb3-i: 01-nov-01





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  • My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.

    In short, in my opinion..the answer is NO

    Wouldn't they atleast get pre-adjudicated if NOT approved??





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  • I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.

    MP70





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  • no comments on the above ?? I do support the FOIA .but when you think about it ..what is the point in knowing that our GC's are 3-4 years away ...we should also focus on something getting passed during lame duck session ..at the very least we should be prepared for something incase it is suddenly announced that there will be lame duck session after elections ...any thoughts ??

    Can somebody re-post the link for downloading the form I need to fax?





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  • PD Jan 2001(ported priority Date)
    I-140 Approed June 2007
    I485 Applied RD:July 2, 2007
    EAD cards received

    thanks





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  • now what the hell is ROW and ICMP ?





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  • thanks very much





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  • I have noticed that the % prior to Jan 2004 is a whopping 44.06. I have a bad feeling that this group (prior to Jan 2004) is growing. :eek:





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  • I really think if we are going to do a 3D battle we should stick with a single object. I mean a scene is quite a projec to take on, and with a 3 week deadline? No one is going to finish with anything worth a crap.





    Hello all,

    A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.

    Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?

    I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.

    How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.

    RFE Usually you'll get with in a week
    RFE may not be due to Job change(s)/AC21 , may be because of some other issues like Birth certificate,Medicals etc
    Did you sent AC21 related documentation to CIS?





    Hi IV team, and all,

    Can we come up with certain organized campaign, just like the flower campaign back in Aug 07? I am sure if we have such campaign, the participation would definitely be more.

    Ofcourse we need to choose a right time and right message to put through.

    Please share your ideas.

    Thanks!



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