prioritydate
12-20 07:03 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
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.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
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.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
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singhsa3
02-21 02:08 PM
Can some expert do the following analysis:
a) How many projected EB2+EB3 (yes combined) for India for period 2003 and before, 2004 , 2005, 2006.
a) How many projected EB2+EB3 (yes combined) for ROW for period 2003 and before, 2004 , 2005, 2006.
The reason I am requesting to combine EB2 and EB3 is that it is impossible to know which labor was filled under which category, thus no point in doing that division.
a) How many projected EB2+EB3 (yes combined) for India for period 2003 and before, 2004 , 2005, 2006.
a) How many projected EB2+EB3 (yes combined) for ROW for period 2003 and before, 2004 , 2005, 2006.
The reason I am requesting to combine EB2 and EB3 is that it is impossible to know which labor was filled under which category, thus no point in doing that division.
Macaca
07-01 11:28 AM
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Are you aware of a similar document that explains
country caps.
conditions that lead to initial retrogression. That is, from current to settingcurrent dates. This is what happened in Oct 2005 and will happen now when all dates are current. This is different from VB's that reset existing current dates.
Spencer HSU, Washington Post likes to rape USCIS. We can send him our issues if July VB is reset in the middle.
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Are you aware of a similar document that explains
country caps.
conditions that lead to initial retrogression. That is, from current to settingcurrent dates. This is what happened in Oct 2005 and will happen now when all dates are current. This is different from VB's that reset existing current dates.
Spencer HSU, Washington Post likes to rape USCIS. We can send him our issues if July VB is reset in the middle.
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HawaldarNaik
12-10 01:46 PM
I expect things to be more transparent from February onwards (note month of Feb), that is because i beleive that the new leadership will ensure that there is a transparency in the whole process rather than a lottery like approach to the dates.
Also i beleive the whole GC process will be more professional giving folks like us much much more respect than what the current approach is doing....
Also i beleive the whole GC process will be more professional giving folks like us much much more respect than what the current approach is doing....
more...
sripk
03-22 07:22 PM
I am from bay area, CA and would like to travel to DC to participate in the advocacy effort! If there is a group traveling from here, I want to get in touch with you. Please let me know. Thanks!
kakatiya
07-23 08:10 PM
my lawyer said for concurrent filings a separate letter from employer is not needed.i am filing with one letter for I 140.
more...
Jaime
09-28 02:26 PM
It's true that Europe can be a tough place, as can Canada or the U.S. to a newcomer. What is true about Europe is that it is a socialist place, salaries are lower, taxes are higher, racism is stronger, houses are smaller, yet you are also surrounded by beautiful places and there is a lot to do and see. It depends what type of person you are. Some Europeans hate Europe themselves and want to come to the U.S. as much or more than you did when you immigrated here. I'd say Europe is a good Plan B if all else fails here in America for you, and then you can always go back to India or China if you didn't like Europe.
Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!
Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!
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logiclife
04-23 04:22 PM
-------------
Northern California members we need volunteers for an event on Wednesday (04/25) in Campbell @ 1:00 p.m. for an hour. This is much more interactive event. No undocumented immigration issues just EB related issues. Please join the yahoo group and get involved. http://groups.yahoo.com/group/NC_Immigration_Voice/
Lets keep the momentum going.
You may want to start a new thread with an appropriate title, to get more attention from members in Northern CA.
Northern California members we need volunteers for an event on Wednesday (04/25) in Campbell @ 1:00 p.m. for an hour. This is much more interactive event. No undocumented immigration issues just EB related issues. Please join the yahoo group and get involved. http://groups.yahoo.com/group/NC_Immigration_Voice/
Lets keep the momentum going.
You may want to start a new thread with an appropriate title, to get more attention from members in Northern CA.
more...
SK2007
09-27 09:03 AM
While we are trying our best to fix a broken system and brace ourselves, lets take a look at what is happening in other parts of the world.
European Union is introducing a Blue Card that will allow you to work in any of the EU coountries
Euro value is rising against dollar
Opportunities will be on the rise with strengthening the currency.
Lets run this thread for sharing views, opinions, experiences and anything related to the EU
Can you also attach the links on information about this blue card, it is something very new to me.
European Union is introducing a Blue Card that will allow you to work in any of the EU coountries
Euro value is rising against dollar
Opportunities will be on the rise with strengthening the currency.
Lets run this thread for sharing views, opinions, experiences and anything related to the EU
Can you also attach the links on information about this blue card, it is something very new to me.
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McLuvin
03-09 12:27 PM
Anyone for May 09 predictions???
more...
edgarrecto
02-21 05:26 PM
how about eb 3 priority date for philippines? mine is september 27,2005. any predictions?
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thepaew
05-26 08:29 PM
I have no problems if Americans want to institute a totalitarian state. But, I do not think that random searches will pass constitutional muster.
Actually entire state of NH is within 100 miles of Canada and the coast.
I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)
I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.
Actually entire state of NH is within 100 miles of Canada and the coast.
I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)
I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.
more...
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.soulty
02-16 07:23 PM
thanks grinch and thirdworldman(shheshh do you have a shorter username? lol)
nice render eilsoe :thumb:
nice render eilsoe :thumb:
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harish
05-21 11:59 AM
Congrats,
Thanks!
Please keep supporting IV
Of course...that is a no-brainer. :)
Thanks!
Please keep supporting IV
Of course...that is a no-brainer. :)
more...
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mirage
02-04 09:56 AM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time it could be few days in Washington!! please PM me.
Again we are not creating any organization or anything, we are not going against IV's agenda. This is also a part of IV's agenda, but for now our sole agenda will be to bring a 2 line bill to remove country quota or increase the country cap(whichever can fly).
PS : For EB-3 India, unless country cap is removed or increased, you can presume you GC application dead forever...For EB-2 India It'll be a long journey for people with PDs sooner than 2005...
Thanks
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time it could be few days in Washington!! please PM me.
Again we are not creating any organization or anything, we are not going against IV's agenda. This is also a part of IV's agenda, but for now our sole agenda will be to bring a 2 line bill to remove country quota or increase the country cap(whichever can fly).
PS : For EB-3 India, unless country cap is removed or increased, you can presume you GC application dead forever...For EB-2 India It'll be a long journey for people with PDs sooner than 2005...
Thanks
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ajay
11-10 05:20 PM
I will send.
more...
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lahiribaba
02-05 11:35 PM
like minded folks, please post your ideas.
This time to ombudsman office and to the white house. I have seen no other campaign been so successful like what we did in July 2007 that made USCIS reverse their decision.The whole point of this is to make a point to the ones who have the power to change things.
This time to ombudsman office and to the white house. I have seen no other campaign been so successful like what we did in July 2007 that made USCIS reverse their decision.The whole point of this is to make a point to the ones who have the power to change things.
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gc28262
04-11 02:07 PM
And you inferred this from EB3 Mexico becoming Unavailable in month of May.
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
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caprianurag
03-12 11:22 AM
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
sri1309
09-11 07:48 AM
I am in for this. Is this something that can be a planned effort rather than a impulsive exercise?
I think we should -
1) Wait till this session of the Congress gets over.
2) Form a work group that will chalk out the plan (of efforts).
3) Execute the planned efforts.
Efforts could include things like -
1) Discussing the proposal with supporting Senators like Zoe Lofgren.
2) Making conscious efforts to publicize our woes and genuine issues / conditions.
3) Quantify the benefits of our presence - in evidence of a quantified evidence, idiots like Loo Dog, etc. can't refute that much.
4) Talk to organizations like Lazaras (or some org.) form a more cosmopolitan group including Chinese and others as well.
5) Letter campaign in mass to all Congressmen's offices telling them the sad story about waiting for 8-10 years.
6) Any other efforts that CORE comes up with.
Planned & focused efforts always yield desired results... I believe so.
Others, please chime in.
-A.
It can be planned effort easily if Core team supports us. Otherwise, all of us will be airing our views, but where will the strength come. Even if 50-100 people join hands here, thats not a good #. We need a very big #. Thats possible if a campaign is started by somebody like IV and list it in the headlines section and direct us all to a target.
How do I create a new thread, pls let me know.
Lets wait for 5882, not upset any one.. Once thats done, based on outcome, its Lets shoot for Citizenship.
Thanks,
Sri.
I think we should -
1) Wait till this session of the Congress gets over.
2) Form a work group that will chalk out the plan (of efforts).
3) Execute the planned efforts.
Efforts could include things like -
1) Discussing the proposal with supporting Senators like Zoe Lofgren.
2) Making conscious efforts to publicize our woes and genuine issues / conditions.
3) Quantify the benefits of our presence - in evidence of a quantified evidence, idiots like Loo Dog, etc. can't refute that much.
4) Talk to organizations like Lazaras (or some org.) form a more cosmopolitan group including Chinese and others as well.
5) Letter campaign in mass to all Congressmen's offices telling them the sad story about waiting for 8-10 years.
6) Any other efforts that CORE comes up with.
Planned & focused efforts always yield desired results... I believe so.
Others, please chime in.
-A.
It can be planned effort easily if Core team supports us. Otherwise, all of us will be airing our views, but where will the strength come. Even if 50-100 people join hands here, thats not a good #. We need a very big #. Thats possible if a campaign is started by somebody like IV and list it in the headlines section and direct us all to a target.
How do I create a new thread, pls let me know.
Lets wait for 5882, not upset any one.. Once thats done, based on outcome, its Lets shoot for Citizenship.
Thanks,
Sri.
surabhi
07-28 12:56 PM
The corporates know what they are doing. They want to create controversy and rake in sales.
I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.
I guess the marketing honchos at this company couldnt care less
For those who hasnt seen the image, I tried attaching here. Not sure if it'd come thru.
http://www.sepiamutiny.com/sepia/archives/lost-ipa.jpg
I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.
I guess the marketing honchos at this company couldnt care less
For those who hasnt seen the image, I tried attaching here. Not sure if it'd come thru.
http://www.sepiamutiny.com/sepia/archives/lost-ipa.jpg