prioritydate
12-21 02:15 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
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cyberstar79
03-09 12:37 PM
Disappointing.
anil_gc
09-26 10:24 AM
sent e-mail to the cnn editor
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tushar123
02-13 05:26 PM
Its funny to see that people call this ethinic cleansing.... it is the right of America to punish people who disobey the law. reservation now in india is a better example which deprives people from certain community to persue higher education or employment in govt jobs.
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nawlinspoboys
09-28 09:39 AM
Well said Akhil. Its all about personal choice. But if you ask me USA rocks! I have lived in 6 states (south, north, midwest) in my 9 years of stay in USA..Never had a single problem with racism. All my bosses were fair and nice.... Even my university people were very friendly and accomodated me in their culture without hesitation. I see more racism and discrimination in India. We discriminate "big time" against our own back there. Plus back in India we have political unrest, communal tensions, riots, strikes..lot of uncertainities. Lets live in USA with pe@ce and make good life...
va_labor2002
07-25 07:08 AM
JCMenon,
I totally agree with your attitude and thinking. There is nothing wrong to request this issue to USCIS. It won't hurt us ! They will realize the magnitude of the issue and may do something to convinse the lawmakers.
We should definietly try this,even if the outcome may be failure !
Good Luck.
We can not file for 485 that is the reason we need to let our voices heard to USCIS, it may be waste of time for some one but at least it would be worth a try.
We did try a lot with S1932, outcome zero.
We did try a lot with CIR, outcome zero.
When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.
If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.
Lets do an openion poll and decide how many are in favor of this.
I totally agree with your attitude and thinking. There is nothing wrong to request this issue to USCIS. It won't hurt us ! They will realize the magnitude of the issue and may do something to convinse the lawmakers.
We should definietly try this,even if the outcome may be failure !
Good Luck.
We can not file for 485 that is the reason we need to let our voices heard to USCIS, it may be waste of time for some one but at least it would be worth a try.
We did try a lot with S1932, outcome zero.
We did try a lot with CIR, outcome zero.
When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.
If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.
Lets do an openion poll and decide how many are in favor of this.
more...
cool_guy_onnet1
02-21 10:29 AM
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
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-
Not that i want to. just out of curiosity. thanks
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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gjoe
12-10 11:11 PM
even if we could do population control, another thing we would need is a time machine to go back and implement the control with retroactive effect. is there anyone who has been working on a time machine? How is it coming? :D:D:D:D
USA is trying to build a time machine to go back 10-15 yrs and so they can fix the economy. Let us desi and our chinese brothers wait until the time machine is ready. We can then copy it and produce it in china and setup techical support center in India for these time machines. While doing so we will still wait in this GC queue while expecting our people back in our place to use the time machine because if we get on it we will be back in the place were we came from :D
Instead you can just buy a ticket and board a plane to our place. And you can still monitor the visa bulletin every month and also do prediction in this forum :cool:
USA is trying to build a time machine to go back 10-15 yrs and so they can fix the economy. Let us desi and our chinese brothers wait until the time machine is ready. We can then copy it and produce it in china and setup techical support center in India for these time machines. While doing so we will still wait in this GC queue while expecting our people back in our place to use the time machine because if we get on it we will be back in the place were we came from :D
Instead you can just buy a ticket and board a plane to our place. And you can still monitor the visa bulletin every month and also do prediction in this forum :cool:
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alisa
01-18 09:41 PM
I have been unable to access that powerpoint.
Could something please be posted here.
Could something please be posted here.
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desibechara
04-07 06:26 PM
I dont even remember off hand about my date.
I think its Oct29, 2001 so I am just about there to become current.
And if I am not wrong, they seem to be working on files which have become current. So I guess my I140 and 485 gets adjudicated together.
Hope for the best. I hope they dont wate any time for finances because my colleague had furnished for her I140 last year only. So i guess they do ahve record and process my case quickly. its been long time now.
db
I think its Oct29, 2001 so I am just about there to become current.
And if I am not wrong, they seem to be working on files which have become current. So I guess my I140 and 485 gets adjudicated together.
Hope for the best. I hope they dont wate any time for finances because my colleague had furnished for her I140 last year only. So i guess they do ahve record and process my case quickly. its been long time now.
db
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jnagendra
09-10 02:10 PM
extended lunch session...!!! .
They went at EST and back at PST:D
They went at EST and back at PST:D
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kishdam
03-14 10:15 AM
Can we as IV community do something about this? ie communicate this to USCIS and have them clarify this with a memo and FAQ?
Yes it would be great if IV core can take up this matter with USCIS - please dont wait on administrative reforms to happen - the whole package might take time. But most of us - July07 filers - will be looking at EAD renewals soon and if USCIS delays the processing many of us would be in soup.
It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.
chandu - can you please bring this up with core (I will try to get it visibility in my state chapter). Thanks.
Yes it would be great if IV core can take up this matter with USCIS - please dont wait on administrative reforms to happen - the whole package might take time. But most of us - July07 filers - will be looking at EAD renewals soon and if USCIS delays the processing many of us would be in soup.
It would be great if USCIS clarifies on interim EAD and what the applicant can do if a EAD application remain in pending status.
chandu - can you please bring this up with core (I will try to get it visibility in my state chapter). Thanks.
more...
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Legal_In_A_Limbo
03-10 09:12 AM
I changed 5 employers over the past 6 years, after I filed my GC. I never did AC21 with out them asking for it and I responded to only one RFE with whatever the document they requested and I mentioned that I used AC21 to change the job.
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
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suriajay12
02-19 06:56 AM
How exactly are illegals going to prove that they have been here for more than 5 years?
I think this is a good one. It supports legal immigrants.
I dont agreee with this dvb guy. 5 years legally is lots of time. And I now know people who are 10-15 years here. He will want to say the same tthing even in that case. Instead learn to rationalize and make sure if one thinks one is eligivle, then see how one can get included.crab behavior, the one at bottom pulls down the one thats climbing up. Finally both end at dinner table.
I think this is a good one. It supports legal immigrants.
I dont agreee with this dvb guy. 5 years legally is lots of time. And I now know people who are 10-15 years here. He will want to say the same tthing even in that case. Instead learn to rationalize and make sure if one thinks one is eligivle, then see how one can get included.crab behavior, the one at bottom pulls down the one thats climbing up. Finally both end at dinner table.
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srkamath
07-03 10:18 PM
Country-wise caps are clearly not a sensible way to retain the best talent in the world in the US. The purpose of the EB visa program is to get the best contributors to the US economy mostly when and where Americans are not available. The EB immigration system is not a socialist entitlement program for prospective immigrants from China, India or the ROW. The program must be fair to the US, fairness (or lack thereof) to all qualified prospective immigrants is a consequence not the intent of the law.
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
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vine93
10-22 06:54 PM
I also faxed it today.
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mp70
01-18 10:12 AM
I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.
MP70
MP70
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pappu
04-07 12:57 PM
I consider it as a rumor. If you see people on other sites spreading panic, tell them to contact their friend's friend and have him/her contact Immigration voice.
I do not believe that a person who has a house, car, job etc will not be in the right frame of mind to try to come back to USA and will not make any effort. His company, his lawyer will also try to bring him back. He himself will try everything to come back. IV is one option. This is because lot of people contact IV for lot of problems and this is not one of them till now.
The other day I read a post where someone had to postpone his wedding for 6 months due to this panic. This rumor needs to stop because it may hurt people's travel plans. So please post on other websites so that nobody spreads rumors. If someone is a genuine case then they should contact IV .
I do not believe that a person who has a house, car, job etc will not be in the right frame of mind to try to come back to USA and will not make any effort. His company, his lawyer will also try to bring him back. He himself will try everything to come back. IV is one option. This is because lot of people contact IV for lot of problems and this is not one of them till now.
The other day I read a post where someone had to postpone his wedding for 6 months due to this panic. This rumor needs to stop because it may hurt people's travel plans. So please post on other websites so that nobody spreads rumors. If someone is a genuine case then they should contact IV .
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go_guy123
08-02 11:02 PM
If you only joined the company for a green card, then what were you doing all these years when your employer kept your documents and did not file. Why didn't you quit the job....If not more, you are to be equally blamed for the situation you are currently in....I understand your frustration, take a deep breath and move on.....Good luck....
Very true. One needs to be rational and take charge of one's destiny. Skilled based immigration is close to over now. The sooner one realises this, the less painfaul it will become. Yes I do agree it would be better if they make it more explicit like they do in the middle east.
Very true. One needs to be rational and take charge of one's destiny. Skilled based immigration is close to over now. The sooner one realises this, the less painfaul it will become. Yes I do agree it would be better if they make it more explicit like they do in the middle east.
harish
05-20 10:30 PM
Congratulations Harish! Btw, Googler is a her not a his. :)
Googler -- Thanks a lot! Apologize for the assumption....my mistake!
Here is a cross-reference to my other post with the case updates...http://immigrationvoice.org/forum/showpost.php?p=249686&postcount=85.
Googler -- Thanks a lot! Apologize for the assumption....my mistake!
Here is a cross-reference to my other post with the case updates...http://immigrationvoice.org/forum/showpost.php?p=249686&postcount=85.
brb2
12-28 03:43 PM
http://www.delta.com/planning_reservations/plan_flight/international_travel_information/visa_passport_information/index.jsp
Visa requirements are based on country of passport holder in most cases.
Visa requirements are based on country of passport holder in most cases.
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