hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o
wallpaper ray ban
is anyone from NJ? I am looking for accommodation in DC for sunday and monday, it would be great if someone can host me or if anyone is willing to share a hotel room
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status? From what I understood it is ok to not be working while on AOS having entered on AP.
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status? From what I understood it is ok to not be working while on AOS having entered on AP.
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
2011 Ray-Ban Aviators Gold/Brown
Before taking up any agenda, check with IV core whether it is the right time.
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez
btw law states that domestic violence is a deportable offence. it is taken seriously by uscis. even convicted greencard holders are deported.
btw law states that domestic violence is a deportable offence. it is taken seriously by uscis. even convicted greencard holders are deported.
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
yes but they will start processing the applications based on the receipt dates. so if a guy applied last year, he gets priority over last month's people. (that is assuming that his priority dates were current last year from him to apply!)
also they will need to do fingerprinting etc. and shall pass the FBI check before they get to final stage of adjudication. that would take 6 more months. so they should look at the bulletin at that time to see if they are eligible. dont get excited about these dates - they are not that helpful for the last month filers.
What do these dates mean? If they are dates for who can apply in Sept, then all (those who could) have filed their AOS in July/August. Do they mean that in Sept 07 USCIS will be approving GC for those within these dates?
also they will need to do fingerprinting etc. and shall pass the FBI check before they get to final stage of adjudication. that would take 6 more months. so they should look at the bulletin at that time to see if they are eligible. dont get excited about these dates - they are not that helpful for the last month filers.
What do these dates mean? If they are dates for who can apply in Sept, then all (those who could) have filed their AOS in July/August. Do they mean that in Sept 07 USCIS will be approving GC for those within these dates?
2010 Ray-Ban Aviators Gold/Brown
I am on L1 & my I-94 is expiring in a month from now on 11 Dec 2007 . I have applied for my L-Extenstion and is pending for approval.
Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?
There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in
Please help me ASAP.
Sriram
My spouse got EAD from similar situation. Your wife should file I-765 for L-2 based EAD along with the receipt notice (I-797) of your I-129 (L-1 extension application). She should mail a I-765 hardcopy application to USCIS. USCIS will get back to you with RFE after 45-60 days for your I-129 approval notice (i.e. principal applicant's L-1 extension approval). BTW... hasn't she already filed for I-539 this way?
Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?
There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in
Please help me ASAP.
Sriram
My spouse got EAD from similar situation. Your wife should file I-765 for L-2 based EAD along with the receipt notice (I-797) of your I-129 (L-1 extension application). She should mail a I-765 hardcopy application to USCIS. USCIS will get back to you with RFE after 45-60 days for your I-129 approval notice (i.e. principal applicant's L-1 extension approval). BTW... hasn't she already filed for I-539 this way?
Sent to NJ lawmakers.
hair Ray-Ban 3358 Gold-Brown
done and request fellow members who are on the sidelines to do the same!
For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
The issue is like a BIG bus where we all are together travelling to the same destination. And the bus is stuck in a pit. You and I can push, .. will it help?. What else do you do. You make others also come and push. So, how many people were you able to convince to do what you did.. Dont just convince them, make them also spread the message.
If you want content to be passed, there are many threads here. One is mine, which is "chain reaction..). Its now buried somewhere :(.
I know some people do realize things only when they loose their jobs or when its too late. If realization happens only that way, I wish all of you those not participating actively loose their jobs and hence comes realization that will help you and us all. Hope that happens very fast..
"Agar booth lathon se hi soon sakthe hai, tho lathon hi sahi..".. How my quote on 10..
BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?
Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...
The issue is like a BIG bus where we all are together travelling to the same destination. And the bus is stuck in a pit. You and I can push, .. will it help?. What else do you do. You make others also come and push. So, how many people were you able to convince to do what you did.. Dont just convince them, make them also spread the message.
If you want content to be passed, there are many threads here. One is mine, which is "chain reaction..). Its now buried somewhere :(.
I know some people do realize things only when they loose their jobs or when its too late. If realization happens only that way, I wish all of you those not participating actively loose their jobs and hence comes realization that will help you and us all. Hope that happens very fast..
"Agar booth lathon se hi soon sakthe hai, tho lathon hi sahi..".. How my quote on 10..
hot New Ray-Ban Aviator sunglasses
Thank you.. Please ask others to contribute.
I put in $100 today to fight for our cause
I put in $100 today to fight for our cause
house ray-an, gold brown medium
Nobody knows whether congressional action is needed to allow I-485 to be filed during retrogression?
Look, No body know about it. I think we should contact with some law firm in order to find it out from some reliable sources.
One more thing is what how does USCIS start retrogression. There is no law about it either. This is something USCIs start by it self using "New Rule" option.
I think Core team should look into it. Since we spend so much energy to calling all Senators and we all know the results.
USCIS can allow to file I-485 or they can make some rule without going congress.
Correct me if I am wrong but there is some light in this path for us if we seriously fellow it.
what do you guys think about it ??
thx.
Look, No body know about it. I think we should contact with some law firm in order to find it out from some reliable sources.
One more thing is what how does USCIS start retrogression. There is no law about it either. This is something USCIs start by it self using "New Rule" option.
I think Core team should look into it. Since we spend so much energy to calling all Senators and we all know the results.
USCIS can allow to file I-485 or they can make some rule without going congress.
Correct me if I am wrong but there is some light in this path for us if we seriously fellow it.
what do you guys think about it ??
thx.
tattoo peter andre Ray-Ban Aviator
First of all I don't know who sachbole is ?
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.
It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.
If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.
Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.
Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
"Sir it is judicious not to give unsolicited advices. You should spare yourself the embrassaning discovery of its exact value to your listeners!"
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.
It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.
If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.
Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.
Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
"Sir it is judicious not to give unsolicited advices. You should spare yourself the embrassaning discovery of its exact value to your listeners!"
pictures Ray-Ban Shooter Aviator Gold
same here, if i see an example i might jump in, at the moment i have no idea how to start
dresses Ray Ban RB3025 P Aviator Large
you are lucky man.....what you say makes sense.......but here is the reality.......
GC process is 3 step process and the lawyer is representing you (485 stage) as well as the employer (labor and 140 stage)........So, if you leave the employer, most lawyers will refuse to continue to represent you unless they authorized in written by the employer....it is a conflict of interest for them.......hence, I think I will go to some other lawyer for AC 21......and thats why the money.....
It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..
GC process is 3 step process and the lawyer is representing you (485 stage) as well as the employer (labor and 140 stage)........So, if you leave the employer, most lawyers will refuse to continue to represent you unless they authorized in written by the employer....it is a conflict of interest for them.......hence, I think I will go to some other lawyer for AC 21......and thats why the money.....
It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..
makeup 100-new-aviator-sunglasses-rayban-3025-gold-rown-
Guys,
I have been here 18 yrs and still waiting. You are lucky if you get it in 16 yrs. Ofcourse not all my 18 yrs have been in GC queue.
Hey who are you calling BS ???? :rolleyes:
I have been in the US 15 years and counting.
-a
I have been here 18 yrs and still waiting. You are lucky if you get it in 16 yrs. Ofcourse not all my 18 yrs have been in GC queue.
Hey who are you calling BS ???? :rolleyes:
I have been in the US 15 years and counting.
-a
girlfriend The Ray-Ban Aviator is the
Count me in.
This wait is killing us.
This wait is killing us.
hairstyles Clothing,new ray ban summer
Funny, I got a red dot too and with a similar comment - apparently a simple question early on about the relevance of this thread rubbed someone the wrong way (maybe he slipped head-first from his bed today morning).
Just curious: How can we see if someone gave a green / red dot unless it reflects on reputation. StuckInMuck and Cygent or anyone in the forum can you let people know.
BTW: the issue discussed in this thread is irrelevant to IV agenda.
Just curious: How can we see if someone gave a green / red dot unless it reflects on reputation. StuckInMuck and Cygent or anyone in the forum can you let people know.
BTW: the issue discussed in this thread is irrelevant to IV agenda.
Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?
There is no problem, but the only thing is that USCIS may not honor your original Priority Date.
There is no problem, but the only thing is that USCIS may not honor your original Priority Date.
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.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
senthil1 makes more sense then this!
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.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
senthil1 makes more sense then this!
