nixstor
07-03 12:38 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
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lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
baleraosreedhar
08-11 01:32 PM
Please count me also for contribution for making EB3 life easy and to reassure a HOPE of reaching end of tunnel
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polapragada
02-14 01:43 PM
For those who is not seeing this is happenning,
Just look at what is happening around you...
Just look at what is happening around you...
more...
ilikekilo
08-15 06:18 PM
I think its not going to budge after this for 3 months or so, till they calculate all the applications received and do the math. Hopefully it will move forwards then, however (less likely) it can move backwards too ( I have seen strangest patterns with the bulletins)
i agree with u on this
i agree with u on this
delhiguy
07-09 03:43 PM
I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
more...
ns007
12-28 08:36 AM
How do you get time to post all day long on IV.org?
I would love to have your job. Making 140K for browsing and posting on IV.org !!!
Kidding !!!
I am on page with you. I did it 3 weeks back. Now I am starting the whole labor at the new company , making almost 140K (60% more) with a fortune 20 company . Good position and happier......
I did the same and didn't hung up myself on GC .... life is more than GC let us live our life.
I would love to have your job. Making 140K for browsing and posting on IV.org !!!
Kidding !!!
I am on page with you. I did it 3 weeks back. Now I am starting the whole labor at the new company , making almost 140K (60% more) with a fortune 20 company . Good position and happier......
I did the same and didn't hung up myself on GC .... life is more than GC let us live our life.
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nat23
06-12 03:01 PM
I think the whole discussion can be summed up in the following manner: The CIR in its present form does more harm to us than good. If we can manage to get a favourable amendment attached then we are in good shape else we are in trouble.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
more...
niklshah
07-13 09:27 PM
murthy was too scared too give any statemant before, this statemant was ok but it was too late when she saw that the momentum is getting strong she jumped in.
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nixstor
07-05 11:19 AM
Yes, there are other ways that in an emergency you can keep in touch with IV. Total waste of valuable money, for the couple of occasions it has happened
I dont really care about the website outages. Thats not the main issue. Two or three core/senior volunteers are always running a contribution drive. Imagine thse people doing some thing more productive than running funding/media drives. When shyt hits the roof, we have a boat load of people asking when the hell shyt is gonna be all over us or how to wipe off the shyt. IV's strength lies in its members and all the time IV members have not responded to enroll in a monthly payment. People want GC's, but they dont want to pay for the fight. People want GC's but they want accountability for 20USD. People have point specific issues about themselves and their imigration issues and are happy to leverage the knowledge of the IV community, but do not care a damn about IV community. Those who pay, pay twice, pay thrice and even more. Why should any one do it? Why should others just simply browse and get answers for persoanl point specific issues? Those who do not know the value of green and what it can do in America, should stop worrying about GC. We have become a laughing stock for people on anti forums like alipac who have arrived at the conclusion that they dont need to fight us because we fight among us big time. Enough of my rant.
I dont really care about the website outages. Thats not the main issue. Two or three core/senior volunteers are always running a contribution drive. Imagine thse people doing some thing more productive than running funding/media drives. When shyt hits the roof, we have a boat load of people asking when the hell shyt is gonna be all over us or how to wipe off the shyt. IV's strength lies in its members and all the time IV members have not responded to enroll in a monthly payment. People want GC's, but they dont want to pay for the fight. People want GC's but they want accountability for 20USD. People have point specific issues about themselves and their imigration issues and are happy to leverage the knowledge of the IV community, but do not care a damn about IV community. Those who pay, pay twice, pay thrice and even more. Why should any one do it? Why should others just simply browse and get answers for persoanl point specific issues? Those who do not know the value of green and what it can do in America, should stop worrying about GC. We have become a laughing stock for people on anti forums like alipac who have arrived at the conclusion that they dont need to fight us because we fight among us big time. Enough of my rant.
more...
jcgc
02-21 02:13 PM
I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.
Column 1: PD
Column 2: Nbr. Of EB2 India pending from
Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
Column 4: Cumulative EB2 India pending
2000-01 0 - -
2000-03 0 - -
2000-04 1 15 15
2000-06 1 15 30
2000-08 0 - 30
2000-11 1 15 44
2000-12 0 - 44
2001-01 0 - 44
2001-03 1 15 59
2001-04 3 44 104
2001-05 2 30 133
2001-06 6 89 222
2001-07 3 44 267
2001-08 1 15 281
2001-09 1 15 296
2001-10 6 89 385
2001-11 2 30 415
2001-12 2 30 444
2002-01 5 74 519
2002-02 4 59 578
2002-03 1 15 593
2002-04 3 44 637
2002-05 11 163 800
2002-06 7 104 904
2002-07 5 74 978
2002-08 5 74 1,052
2002-09 5 74 1,126
2002-10 14 207 1,333
2002-11 16 237 1,570
2002-12 11 163 1,733
2003-01 13 193 1,926
2003-02 12 178 2,104
2003-03 20 296 2,400
2003-04 13 193 2,593
2003-05 16 237 2,830
2003-06 17 252 3,081
2003-07 22 326 3,407
2003-08 18 267 3,674
2003-09 18 267 3,941
2003-10 29 430 4,370
2003-11 17 252 4,622
2003-12 18 267 4,889
Total 330 4,889
Column 1: PD
Column 2: Nbr. Of EB2 India pending from
Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
Column 4: Cumulative EB2 India pending
2000-01 0 - -
2000-03 0 - -
2000-04 1 15 15
2000-06 1 15 30
2000-08 0 - 30
2000-11 1 15 44
2000-12 0 - 44
2001-01 0 - 44
2001-03 1 15 59
2001-04 3 44 104
2001-05 2 30 133
2001-06 6 89 222
2001-07 3 44 267
2001-08 1 15 281
2001-09 1 15 296
2001-10 6 89 385
2001-11 2 30 415
2001-12 2 30 444
2002-01 5 74 519
2002-02 4 59 578
2002-03 1 15 593
2002-04 3 44 637
2002-05 11 163 800
2002-06 7 104 904
2002-07 5 74 978
2002-08 5 74 1,052
2002-09 5 74 1,126
2002-10 14 207 1,333
2002-11 16 237 1,570
2002-12 11 163 1,733
2003-01 13 193 1,926
2003-02 12 178 2,104
2003-03 20 296 2,400
2003-04 13 193 2,593
2003-05 16 237 2,830
2003-06 17 252 3,081
2003-07 22 326 3,407
2003-08 18 267 3,674
2003-09 18 267 3,941
2003-10 29 430 4,370
2003-11 17 252 4,622
2003-12 18 267 4,889
Total 330 4,889
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Ramu25
04-26 10:52 PM
Can I apply for the adjustment of status by my self without the H1 - employers Notice.From L1 to H1.
more...
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Eternal_Hope
03-09 10:55 PM
Sri, I appreciate your enthusiasm and spirits. in my view, unless something comes from the IV core ..nothing will happen. people in this forum are too diverse and independent and hence they need strong leadership. and for some reason (we can only speculate),, all that we have from the core is silence
I partially agree with both you and Sri - while it is true that I have not (recently) written to the lawmakers, and more often than not I vent my frustration here - especially each time the visa bulletin appears and then tend to go on with my life, I have in the past written, telephoned, faxed to lawmakers. Over the past 2 years I have seen bills come and go. I am at a stage now where I have almost resigned to the fact that maybe there is not much that we can do - especially given the low level of participation from members here at IV.
I also feel that it is time younger members (freshers blood) takes on leadership roles here. IV is a forum which provides the opportunity for enthusiastic people to just go ahead and organize any drive they feel will work. IV leadership will not object, as long as the drive is tasteful and is within all parameters of decency.
As for older and tired people like us.... we will gladly follow the leaders and assist in any way possible.
I partially agree with both you and Sri - while it is true that I have not (recently) written to the lawmakers, and more often than not I vent my frustration here - especially each time the visa bulletin appears and then tend to go on with my life, I have in the past written, telephoned, faxed to lawmakers. Over the past 2 years I have seen bills come and go. I am at a stage now where I have almost resigned to the fact that maybe there is not much that we can do - especially given the low level of participation from members here at IV.
I also feel that it is time younger members (freshers blood) takes on leadership roles here. IV is a forum which provides the opportunity for enthusiastic people to just go ahead and organize any drive they feel will work. IV leadership will not object, as long as the drive is tasteful and is within all parameters of decency.
As for older and tired people like us.... we will gladly follow the leaders and assist in any way possible.
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coopheal
07-02 07:03 AM
Doing more than what IV suggest is good. If you personally take responsibility and make the online petition a success, great... and best luck.
IV core has set their priorities after considerable thinking so please dont be upset if they dont involve in this.
I agree and I support. maybe as some have said that online don't have the same impact ..but there is no harm in doing something extra. also, we will be able to get more supporters for online especially if we send the links to our respective friends, batchmates etc
IV core has set their priorities after considerable thinking so please dont be upset if they dont involve in this.
I agree and I support. maybe as some have said that online don't have the same impact ..but there is no harm in doing something extra. also, we will be able to get more supporters for online especially if we send the links to our respective friends, batchmates etc
more...
pictures Amber Rose @ Wiz Khalifas
Kodi
04-01 11:36 AM
Does anyone have the format of the employment letter? My attorney didn't request one even when I emailed him few time.
Form I-140 has an area to write the wages per week? The amount my attorney wrote is wages for the year. Is this ok?
Thank you.
Form I-140 has an area to write the wages per week? The amount my attorney wrote is wages for the year. Is this ok?
Thank you.
dresses 2011 WIZ KHALIFA INTERVIEW
nomi
12-12 04:59 PM
All of the documents in this link are written by
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
more...
makeup Amber+rose+and+wiz+khalifa
hsm2007
09-23 02:18 PM
Hi abd,
Can you share the template of the EVL that you used to respond to the RFE. Also did you mention about the AC21 when responding to the RFE. Please help out as I am in the same state where my dates are current but got an RFE.
Thanks.
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
Can you share the template of the EVL that you used to respond to the RFE. Also did you mention about the AC21 when responding to the RFE. Please help out as I am in the same state where my dates are current but got an RFE.
Thanks.
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
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nirenjoshi
03-09 12:33 PM
China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
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mirage
02-06 09:40 AM
You got my point, sir!!!
Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
realizeit
10-17 03:25 PM
This is a very important effort, I guess.
I believe, this will help all of us to understand where we all stand. I will try to send this request as soon as possible.
I believe, this will help all of us to understand where we all stand. I will try to send this request as soon as possible.
Jaime
02-19 12:27 AM
Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
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