k94
11-22 02:41 PM
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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mordaut
02-27 08:38 PM
wow these are good...but im just wondering...what are they modelled after? ive never seen any subways like those...
xyz2005
07-18 09:43 AM
What is meant by "Rejected" here?
-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)
Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.
I contacted my attorney but so far no reply. Will update all of you.
I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks
-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)
Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.
I contacted my attorney but so far no reply. Will update all of you.
I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks
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makemygc
03-18 07:37 PM
Guys,
Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).
Company1: Deloitte
Company2: Chase
These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
Also, you can list the companies you know whoever promised, but did not file.
Wow...I didn't realize this thread is opened until today. I can second you on Deloitte. I joined Deloitte & Touche several years back and left the company in 3 months. HR promissed me to file my GC as soon as I join them but started giving excuses once I joined. Later on they told me that they will file after 1 year and that too dependent on my performance....I decide to part my ways with liars and joined a different company and now after several years I'm glad that I made that decision...today I'm in a much better position in a much better company. Thought mine may be the only case but looking at this thread makes me feel I was not all alone.
Not only this, they pay you different if you are an H1 holder as compared to others. I found this when I joined and found someone junior to me getting paid more than I was.
Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).
Company1: Deloitte
Company2: Chase
These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
Also, you can list the companies you know whoever promised, but did not file.
Wow...I didn't realize this thread is opened until today. I can second you on Deloitte. I joined Deloitte & Touche several years back and left the company in 3 months. HR promissed me to file my GC as soon as I join them but started giving excuses once I joined. Later on they told me that they will file after 1 year and that too dependent on my performance....I decide to part my ways with liars and joined a different company and now after several years I'm glad that I made that decision...today I'm in a much better position in a much better company. Thought mine may be the only case but looking at this thread makes me feel I was not all alone.
Not only this, they pay you different if you are an H1 holder as compared to others. I found this when I joined and found someone junior to me getting paid more than I was.
more...
Administrator2
04-20 05:33 PM
I have already called seven members who have been active lately. I don't have other phone numbers. If you still need people to call. Let me know. You can PM me
Thank you gsc999. I will be emailing you contact information of more members.
Thank you gsc999. I will be emailing you contact information of more members.
BlueSunD
03-07 10:57 PM
Hi Sparky! Well a quick google search turned some results, hope you find them usefull,
Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/
These seem nice, some of the basics of modeling are shown:
http://www.vrotvrot.com/xoom/tutorials.html
And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
http://www.blender3d.org/Education/index_old.php?sub=
and another one... almost the same
http://www.blender3d.org/cms/Using_Blender.80.0.html
Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/
These seem nice, some of the basics of modeling are shown:
http://www.vrotvrot.com/xoom/tutorials.html
And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
http://www.blender3d.org/Education/index_old.php?sub=
and another one... almost the same
http://www.blender3d.org/cms/Using_Blender.80.0.html
more...
logiclife
01-16 04:18 PM
I just got the word from our treasurer that the IRS has approved Immigration Voice as a non-profit organization of 501 (C) (4) type.
This approval means that IV will not have to pay tax on the contributions recd from our contributors since IRS has approved that IV is not for profit organization.
This approval means that IV will not have to pay tax on the contributions recd from our contributors since IRS has approved that IV is not for profit organization.
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vgayalu
01-18 09:06 AM
Can some one tell, How to create a new thread please?
Vgayalu
Vgayalu
more...
amitjoey
08-11 10:21 AM
Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
Mr Path of Joy
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degrees for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
Mr Path of Joy
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degrees for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
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perm2gc
12-27 12:34 AM
One More
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http://www.chicagosamachar.com/default.php?ad_id=9049
more...
10dulkar
08-15 05:18 PM
Expected news for EB3 folks
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spatial
01-18 11:46 AM
We need at least 1000 members signing up for the monthly contributions in a month. I am sure we can do that. We have 8000 members and it should be easy. Till now we have only 100 signups
Thanks IV core group. Signed up for $20/month. Please continue your efforts.
I am from Chinese community and registered IV just a couple of week ago. There was no email message to me regarding this movement, and some other registerd users may encounter the same situation. You may need to resend them. Only when I opened IV website yesterday did I know this recurring program and current situation. I am assuming IV is the only group who are pushing to get the I-485 relief for high skilled workers with advanced degree. There are MANY MANY Chinese in the same situation but I guess there might not have so many Chinese in IV. IV core group may think of some better way to reach more Chinese or other people. Basically, we are on the same boat for the same direction. Better to concentrate all resources to reach one goal. I would suggest IV to setup a seperate Chinese (and Hispanic) contribution page to diverse the culture background of IV members.
Subscription Payment Sent (ID #2PX91085T34540611)
In reference to:S-19881018DS353430X
Thanks IV core group. Signed up for $20/month. Please continue your efforts.
I am from Chinese community and registered IV just a couple of week ago. There was no email message to me regarding this movement, and some other registerd users may encounter the same situation. You may need to resend them. Only when I opened IV website yesterday did I know this recurring program and current situation. I am assuming IV is the only group who are pushing to get the I-485 relief for high skilled workers with advanced degree. There are MANY MANY Chinese in the same situation but I guess there might not have so many Chinese in IV. IV core group may think of some better way to reach more Chinese or other people. Basically, we are on the same boat for the same direction. Better to concentrate all resources to reach one goal. I would suggest IV to setup a seperate Chinese (and Hispanic) contribution page to diverse the culture background of IV members.
Subscription Payment Sent (ID #2PX91085T34540611)
In reference to:S-19881018DS353430X
more...
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dentist1
04-09 06:47 PM
Thanks Papu !!!! thats great....
His name is Pappu and not Papu also what is so great about this bulletin buddy.It sucks bigtime.
His name is Pappu and not Papu also what is so great about this bulletin buddy.It sucks bigtime.
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Refugee_New
07-28 01:09 PM
Good point!
As per our religion Parents are always Gods. And there is story of Lord Ganesha about when he was asked that who is your God? He said my parents.
This is where the problem starts chantu. For us in India, anything and everything is god. Indian movie actress's are our gods. We build temple to them. Amitabh is a god, Manisha is a god. These people take the gods avtars in our movies. But we all know how those people are. Most of them in that industry commit adultry.
Our Hindu party BJP uses these movie celebraties during election. We easily portray gods using those filthy people. So this is where problem starts. We have to clean our own backyard first.
As per our religion Parents are always Gods. And there is story of Lord Ganesha about when he was asked that who is your God? He said my parents.
This is where the problem starts chantu. For us in India, anything and everything is god. Indian movie actress's are our gods. We build temple to them. Amitabh is a god, Manisha is a god. These people take the gods avtars in our movies. But we all know how those people are. Most of them in that industry commit adultry.
Our Hindu party BJP uses these movie celebraties during election. We easily portray gods using those filthy people. So this is where problem starts. We have to clean our own backyard first.
more...
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paskal
01-27 01:54 PM
alisa
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
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seahawks
07-25 01:47 AM
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?
I concur, otherwise there won't be a IV forum or confusion and pain that everyone going through retrogession is facing, will we?
more...
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Jaime
09-11 03:54 PM
For the first time in its history, the U.S. faces the prospect of a reverse brain drain. New research by my team at the Pratt School of Engineering at Duke University shows that more than 1 million highly skilled professionals such as engineers, scientists, doctors, researchers, and their families are in line for a yearly allotment of only around 120,000 permanent-resident visas for employment-based principals and their families in the three main employment visa categories (EB-1, EB-2, and EB-3). These individuals entered the country legally to study or to work. They contributed to U.S. economic growth and global competitiveness. Now we've set the stage for them to return to countries such as India and China, where the economies are booming and their skills are in great demand. U.S. businesses large and small stand to lose critical talent, and workers who have gained valuable experience and knowledge of American industry may become potential competitors.
The problem is simple. There aren't enough permanent-resident visas available each year for skilled workers and their families. And there is a limit of fewer than 10,000 visas that can be issued to immigrants from any single country. So countries with the largest populations such as India and China are allocated the same number of visas as Iceland and Mongolia.
Visa Delays Deprive U.S. of Talent The result is that wait times for employment visas currently stretch from four to six years for immigrants from countries such as India and China, and all indications are that these delays will get longer. Based on a 2003 study of new legal immigrants to the U.S. called the New Immigrant Survey, we estimate that in 2003, about 1 in 3 professionals who had been through the immigration process either planned to leave the U.S. or were uncertain about remaining. Media reports and other anecdotal evidence indicate that many skilled workers have indeed begun to return home.
Much of the current public debate on immigration centers on concerns over low-skilled immigrants entering the U.S. illegally. We do need to develop fair policies to deal with this problem. But skilled immigrants who enter the U.S. legally are a different issue. Professor Richard Devon of Pennsylvania State University estimates that in the U.S. about $200,000 is invested in a child by the time they gain a bachelor's degree in engineering. That means that the U.S. gains billions of dollars in benefit from educated professionals who leave other countries to come here. And we lose billions when they return home. Additionally, we end up training highly skilled workers in our markets, technology, and way of doing business.
Consider this: Earlier research by my team found that more than half of the engineering and technology companies started in Silicon Valley and a quarter of those started nationwide from 1995 to 2006 had immigrant founders. These companies employed 450,000 workers and generated $52 billion in revenue in 2006. Their founders tended to be very highly educated in science, technology, math, and engineering-related disciplines, with 96% of them holding bachelor's degrees and 75% holding master's degrees or PhDs (see BusinessWeek.com, 6/11/07, "Immigrants: Key U.S. Business Founders").
Patents: Evidence of Entrepreneurial Activity We also uncovered some puzzling data on patent filings. When we analyzed the international patent database maintained by the World Intellectual Property Organization (WIPO), we found that 1 in every 4 patent applications from the U.S. in 2006 listed a foreign national residing in the U.S. as an inventor. This number had increased threefold over an eight-year period and didn't take into account inventors who had become U.S. citizens before applying for a patent.
We realized that these foreign-national inventors were not likely to be from the same immigrant group that was founding high-tech companies. They were likely to be PhD students and employees of U.S. corporations who are in the U.S. on temporary visas. Temporary-visa holders can't easily start their own companies�their visas require them to work full time for the company that sponsored them.
For our new research, we reanalyzed the WIPO patent database to look at which immigrant groups and corporations were applying for the most patents. To understand the foreign-national data, we examined extensive information published by the Homeland Security Dept., the Labor Dept., and the State Dept. We also reviewed the New Immigrant Survey to gain insight into the immigration process and to examine the potential that, even after becoming permanent residents, skilled immigrants might return home.
Here is what we found:
� Foreign nationals contributed to more than half of the international patents filed by companies such as Qualcomm (QCOM) (72%), Merck (MRK) (65%), General Electric (GE) (64%), Siemens (SI) (63%), and Cisco (CSCO) (60%). Their contributions were relatively small at Microsoft (MSFT) (3%) and General Motors (GM) (6%). Surprisingly, 41% of the patents filed by the U.S. government had foreign nationals listed as inventors.
� Foreign nationals contributed to 25.6% of all U.S. international patent applications in 2006, but the numbers were much higher in several states such as New Jersey (37%), California (36%), and Massachusetts (32%).
� In 2006, 16.8% of international patent applications from the U.S. had inventors with Chinese names and 36% of these (or 5.5% of the total) were foreign nationals. Similarly, 13.7% had Indian names and 40% (or 6.2% of the total) were foreign nationals.
� Both Indian and Chinese inventors tended to file most patents in the fields of medicine, pharmaceuticals, semiconductors, and electronics.
Our analysis of the immigration data produced the most startling results.
"Immigration Limbo" We estimate that, as of Sept. 30, 2006, there were 500,040 individuals in the main employment-based visa categories and an additional 555,044 family members in line for permanent-resident status in the U.S. An additional 126,421 with job offers were waiting abroad. In total, there were 1,181,505 educated and skilled professionals waiting to gain legal permanent-resident status.
In the 2005-06 academic year, there were 259,717 international students in the U.S. There were an additional 38,096 in practical training�many of these are PhD researchers.
One thing is certain: If we wait five years to fix immigration policy, the unskilled workers will still be here, but the skilled workers who are in "immigration limbo" will be long gone. Our loss will be the gain of countries we are increasingly competing with in the new global landscape.
The problem is simple. There aren't enough permanent-resident visas available each year for skilled workers and their families. And there is a limit of fewer than 10,000 visas that can be issued to immigrants from any single country. So countries with the largest populations such as India and China are allocated the same number of visas as Iceland and Mongolia.
Visa Delays Deprive U.S. of Talent The result is that wait times for employment visas currently stretch from four to six years for immigrants from countries such as India and China, and all indications are that these delays will get longer. Based on a 2003 study of new legal immigrants to the U.S. called the New Immigrant Survey, we estimate that in 2003, about 1 in 3 professionals who had been through the immigration process either planned to leave the U.S. or were uncertain about remaining. Media reports and other anecdotal evidence indicate that many skilled workers have indeed begun to return home.
Much of the current public debate on immigration centers on concerns over low-skilled immigrants entering the U.S. illegally. We do need to develop fair policies to deal with this problem. But skilled immigrants who enter the U.S. legally are a different issue. Professor Richard Devon of Pennsylvania State University estimates that in the U.S. about $200,000 is invested in a child by the time they gain a bachelor's degree in engineering. That means that the U.S. gains billions of dollars in benefit from educated professionals who leave other countries to come here. And we lose billions when they return home. Additionally, we end up training highly skilled workers in our markets, technology, and way of doing business.
Consider this: Earlier research by my team found that more than half of the engineering and technology companies started in Silicon Valley and a quarter of those started nationwide from 1995 to 2006 had immigrant founders. These companies employed 450,000 workers and generated $52 billion in revenue in 2006. Their founders tended to be very highly educated in science, technology, math, and engineering-related disciplines, with 96% of them holding bachelor's degrees and 75% holding master's degrees or PhDs (see BusinessWeek.com, 6/11/07, "Immigrants: Key U.S. Business Founders").
Patents: Evidence of Entrepreneurial Activity We also uncovered some puzzling data on patent filings. When we analyzed the international patent database maintained by the World Intellectual Property Organization (WIPO), we found that 1 in every 4 patent applications from the U.S. in 2006 listed a foreign national residing in the U.S. as an inventor. This number had increased threefold over an eight-year period and didn't take into account inventors who had become U.S. citizens before applying for a patent.
We realized that these foreign-national inventors were not likely to be from the same immigrant group that was founding high-tech companies. They were likely to be PhD students and employees of U.S. corporations who are in the U.S. on temporary visas. Temporary-visa holders can't easily start their own companies�their visas require them to work full time for the company that sponsored them.
For our new research, we reanalyzed the WIPO patent database to look at which immigrant groups and corporations were applying for the most patents. To understand the foreign-national data, we examined extensive information published by the Homeland Security Dept., the Labor Dept., and the State Dept. We also reviewed the New Immigrant Survey to gain insight into the immigration process and to examine the potential that, even after becoming permanent residents, skilled immigrants might return home.
Here is what we found:
� Foreign nationals contributed to more than half of the international patents filed by companies such as Qualcomm (QCOM) (72%), Merck (MRK) (65%), General Electric (GE) (64%), Siemens (SI) (63%), and Cisco (CSCO) (60%). Their contributions were relatively small at Microsoft (MSFT) (3%) and General Motors (GM) (6%). Surprisingly, 41% of the patents filed by the U.S. government had foreign nationals listed as inventors.
� Foreign nationals contributed to 25.6% of all U.S. international patent applications in 2006, but the numbers were much higher in several states such as New Jersey (37%), California (36%), and Massachusetts (32%).
� In 2006, 16.8% of international patent applications from the U.S. had inventors with Chinese names and 36% of these (or 5.5% of the total) were foreign nationals. Similarly, 13.7% had Indian names and 40% (or 6.2% of the total) were foreign nationals.
� Both Indian and Chinese inventors tended to file most patents in the fields of medicine, pharmaceuticals, semiconductors, and electronics.
Our analysis of the immigration data produced the most startling results.
"Immigration Limbo" We estimate that, as of Sept. 30, 2006, there were 500,040 individuals in the main employment-based visa categories and an additional 555,044 family members in line for permanent-resident status in the U.S. An additional 126,421 with job offers were waiting abroad. In total, there were 1,181,505 educated and skilled professionals waiting to gain legal permanent-resident status.
In the 2005-06 academic year, there were 259,717 international students in the U.S. There were an additional 38,096 in practical training�many of these are PhD researchers.
One thing is certain: If we wait five years to fix immigration policy, the unskilled workers will still be here, but the skilled workers who are in "immigration limbo" will be long gone. Our loss will be the gain of countries we are increasingly competing with in the new global landscape.
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logiclife
12-20 07:55 PM
<If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
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ugotdude
11-21 11:03 AM
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I'm not able to open this URL? Getting the following message
404 - Requested Page Not Found on Site
The page you requested, http://www.uscis.gov/files/pressrel...h22_091206R.pdf, is not on our site.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I'm not able to open this URL? Getting the following message
404 - Requested Page Not Found on Site
The page you requested, http://www.uscis.gov/files/pressrel...h22_091206R.pdf, is not on our site.
shiva7
05-26 11:54 PM
It was Sunday when I got off the bus in Phoenix and CBP asked me for the papers. I was not carrying any leagal document with me at that time. They tried to get my info on their computer based on the info I gave them about me but they could not for misterious reasons. Ultimately they arrested me for not carrying papers with me and put me in jail. I spent horrible night in jail that Sunday. The next day Judge asked me more details and could find my data. They released me and warned me to carry such papers with me all the time.I never knew that I was supposed to keep a copy of the papers with me. I am just wondering who is supposed to notify us that we need to carry papers with us at all the times ?
sunny1000
04-25 12:27 PM
Congrats Googler! Wish you the very best. We appreciate all the inputs from you and hope that you will stick around with IV!!