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
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boreal
08-22 01:36 AM
I am not sure why you guys are so harsh when someone is asking for guidance and help. If you have lot of time please go after the antis...there are lot of websites to rant your farustartion. If you can not give any useful information...please refrain from posting. It just gives very bad light.
Advising someone who is clearly illegal and to top it, feels entitled to a Green card, you guys are giving quite a lot of fodder to the same antis...so please stop this as well!
Advising someone who is clearly illegal and to top it, feels entitled to a Green card, you guys are giving quite a lot of fodder to the same antis...so please stop this as well!
fromnaija
02-14 10:33 AM
I am also from ROW and I support IV's agenda of removal of country quotas among other things. If IV's agenda was only about removal of quotas, then I wouldn't be here too.
However if IV was only about removal of country quotas and not other issues, then it is fair to say that I wouldn't be here.
However if IV was only about removal of country quotas and not other issues, then it is fair to say that I wouldn't be here.
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rakesh_one
03-07 11:47 AM
Guys....like everyone else I have been doing exhaustive research on this subject for last month or so.....I have resigned this week from my job and have decided to use AC21...... following are answers to some of your questions...
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
You are wrong. New Employer has to support GC.
Since GC is for future employment, there should be an employer willing to hire you on the day 1 you got your GC. AC 21 helps you to transfer the burdon from one employer to other. In most cases, by providing an employement letter for a permanent job in the same or similar job, it is kind of implied that the new employer has assumed that burdon without themselves knowing it. It would help your case, if the new employer explicitly say that they acknowledge your pending 485 and would assure USCIS that they have a job up on approval 485.
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
You are wrong. New Employer has to support GC.
Since GC is for future employment, there should be an employer willing to hire you on the day 1 you got your GC. AC 21 helps you to transfer the burdon from one employer to other. In most cases, by providing an employement letter for a permanent job in the same or similar job, it is kind of implied that the new employer has assumed that burdon without themselves knowing it. It would help your case, if the new employer explicitly say that they acknowledge your pending 485 and would assure USCIS that they have a job up on approval 485.
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desixp
06-11 02:26 PM
Done!
ivy55
01-16 08:17 PM
Contributing $20/month
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satyasrd
09-09 12:48 PM
Thanks for this post. I was about to post something similar myself.
Seriously what is EB3 I thinking ?!? Pretty soon it will only be them stuck in this mess.
I know several who have literally substituted their EAD for their GC and settled down comfortably. Absolutely ridiculous !
EB3 seriously needs to wake up.
Seriously what is EB3 I thinking ?!? Pretty soon it will only be them stuck in this mess.
I know several who have literally substituted their EAD for their GC and settled down comfortably. Absolutely ridiculous !
EB3 seriously needs to wake up.
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BlueSunD
03-11 12:23 AM
I�m really sorry. I uploaded the wrong image, now fixed. Tahnks for the remark soulty.
Guess I better catch some sleep....:tired:
Guess I better catch some sleep....:tired:
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starscream
06-13 03:48 PM
MSNBC has opned up a message board for Employment Based (EB) Skilled Immigration Applicants
http://boards.msn.com/MSNBCboards/board.aspx?BoardID=1042
Go to the topic Employment Based (EB) Skilled Immigration Applicants
PLease post your messages on the board about EB backlog, H1B and CIR issues. Only 5 messages have been posted
http://boards.msn.com/MSNBCboards/board.aspx?BoardID=1042
Go to the topic Employment Based (EB) Skilled Immigration Applicants
PLease post your messages on the board about EB backlog, H1B and CIR issues. Only 5 messages have been posted
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rajivkane
07-20 10:42 PM
Hi!
My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)to NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.
Regards,
Raj
My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)to NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.
Regards,
Raj
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kumarc123
06-11 10:31 AM
OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out
Please post this link on other forums and mail to friends asking them to join this action item.
Sent.
Thank you for your hard work.
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out
Please post this link on other forums and mail to friends asking them to join this action item.
Sent.
Thank you for your hard work.
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sanjeev_2004
11-21 11:22 AM
May ask you why you joined this organization if you say that only sick people are frustrated with the delay in GC. By that logic all of us are sick people! I think your comment was made in bad taste and crticizes all the hard work this organization and its members are doing.
I am sorry for it if you took my comment that way. I also realize that this organization is doing great. I only want to say be should not be sick because of just GC. you should be sick if you are not responsible for you wife and kids. you should be sick if you are not responsible for your family back in India. you should be sick if you are not responsible for your country. you could be most intellegent person in the world but if you are not responsible then you should worried. Richness, intelligency and responsibility is great combination but to be a great person you dont have to be rich and intellegent.
I am sorry for it if you took my comment that way. I also realize that this organization is doing great. I only want to say be should not be sick because of just GC. you should be sick if you are not responsible for you wife and kids. you should be sick if you are not responsible for your family back in India. you should be sick if you are not responsible for your country. you could be most intellegent person in the world but if you are not responsible then you should worried. Richness, intelligency and responsibility is great combination but to be a great person you dont have to be rich and intellegent.
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dagabaaj
09-28 04:39 PM
Politics is a dirty game and to win one must get hands into the mud to beat the heck out these guys. Durbin and Grassley are not the only ones. They are the most vocal ones. Why are we hurting? Because we have been silent for way too long. It is said that the crying baby gets the most milk. We do need to raise our voice. I think in another thread Mark pointed out that we can raise our voice but be civil about it and that is what differentiates us from the rest.
The point here is that, is the EU a greener pasture than the US?
IMHO, No. Language barrier is an issue. Newer countries that have been communist in the past are still struggling to keep up with their richer cousins. There are major racial differences since historically the countries have not been immigrant friendly. Econimically the gains are minimal.
The only plus is that one stands to grow with the growth of the countries themselves. On a personal level I think I missed th boat of growth in India and now it seems futile to attempt to jump ship which I have already done once by coming here.
The point here is that, is the EU a greener pasture than the US?
IMHO, No. Language barrier is an issue. Newer countries that have been communist in the past are still struggling to keep up with their richer cousins. There are major racial differences since historically the countries have not been immigrant friendly. Econimically the gains are minimal.
The only plus is that one stands to grow with the growth of the countries themselves. On a personal level I think I missed th boat of growth in India and now it seems futile to attempt to jump ship which I have already done once by coming here.
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jackrabbit
07-17 11:01 AM
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
Does anyone know if we can sue them. I am sure that they are a registered organization.
Does anyone know if we can sue them. I am sure that they are a registered organization.
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walker15
09-10 03:11 PM
HR6020 is being presented right now and final voting is going on, HR5882 might come next for discussion.
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acecupid
07-13 11:57 AM
I suggest this thread be closed and we stop giving murthy any more publicity than she actually deserves. :mad:
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CADude
02-21 11:19 AM
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
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vgayalu
11-02 02:45 PM
any one got approval after submitting recent RFE?
In my kids case after one week we got approval notice. In general it takes two / three days.
In my kids case after one week we got approval notice. In general it takes two / three days.
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snegrust
09-19 11:39 AM
Congratulations to all of us for having marched yesterday, I was extremely impressed with the level of organization. Salut to everyone who made it possible.
However, I have a whole bunch of points, sorry if they come out strong....
1) I absolutely agree with the 'Legal' Immigration issue, we did look as if we were immigrants and not defined as legal, I think high-skilled is secondary to the legality... This is one of the reasons I have not purchased merchandise, as it looks like it addresses immigration as such. I think banner by Chinese group exphasizing the legal aspect looked very impressive..
2) It was obvious from speeches on Monday night and yesterday (friendship between US and India comments, etc) that this is seen as an Indian issue. Unless you are trying to show it as such, something has to be done about it. Non-indians were marching with you as well, and next time effort should be made to put together Indian, Chinese and whoever else when putting pictures, RollCall for example, or talking to the press, or talking to representatives. I have expressed my desire and submitted all information to the person in charge of organizing meetings on Capitol Hill, but was not provided with this oppportunity..
Basically, it was clear that, as of now, even many representatives see the issue as Indians versus Mexicans... Not a good idea....
3) I thought that some of the signs were extremely offensive to the Americans "We brought you yahoo/hotmail/google" and as such... if I were an American contemplating about my views on the immigration, and if I were as patriotic as many Americans are, I would be upset with the messages putting down local brains...
4) It was a very impressive effort by Chinese group, thumbs up. Although very strange that so ew of them showed up. My CHinese colleague who alreday has GC and helped distribute info to his friends, told me that all 5 Chinese papers in the area had big announcements about the Rally
5) I agree with disappointment about local people, it seemed like there were many more members from CA, NY and other places than VA/MD/DC, we should all be wokring on raising awareness.
All for now
Agains, congrats to all of us
However, I have a whole bunch of points, sorry if they come out strong....
1) I absolutely agree with the 'Legal' Immigration issue, we did look as if we were immigrants and not defined as legal, I think high-skilled is secondary to the legality... This is one of the reasons I have not purchased merchandise, as it looks like it addresses immigration as such. I think banner by Chinese group exphasizing the legal aspect looked very impressive..
2) It was obvious from speeches on Monday night and yesterday (friendship between US and India comments, etc) that this is seen as an Indian issue. Unless you are trying to show it as such, something has to be done about it. Non-indians were marching with you as well, and next time effort should be made to put together Indian, Chinese and whoever else when putting pictures, RollCall for example, or talking to the press, or talking to representatives. I have expressed my desire and submitted all information to the person in charge of organizing meetings on Capitol Hill, but was not provided with this oppportunity..
Basically, it was clear that, as of now, even many representatives see the issue as Indians versus Mexicans... Not a good idea....
3) I thought that some of the signs were extremely offensive to the Americans "We brought you yahoo/hotmail/google" and as such... if I were an American contemplating about my views on the immigration, and if I were as patriotic as many Americans are, I would be upset with the messages putting down local brains...
4) It was a very impressive effort by Chinese group, thumbs up. Although very strange that so ew of them showed up. My CHinese colleague who alreday has GC and helped distribute info to his friends, told me that all 5 Chinese papers in the area had big announcements about the Rally
5) I agree with disappointment about local people, it seemed like there were many more members from CA, NY and other places than VA/MD/DC, we should all be wokring on raising awareness.
All for now
Agains, congrats to all of us
vamsi_poondla
09-26 09:45 AM
If all of us do it, they will probably add an errata
amsgc
07-13 11:25 PM
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
Unfortunately, i don't have the link, but I will post it if i come across it.
Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
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