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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vamsi_poondla
09-26 09:37 AM
There is a link - To write a note to the editor about this article, click here.
I clicked it and send this message to CNN's editor. All of you can do the same...
Dear Editor,
Last week's Legal Immigration Rally at DC is NOT about H1B increase, It is about the plight of over a million High Tech Skilled Legal Immigrants and their families in a probationary limbo of Green Card Processing. It takes 10 to 12 years to get a green card because of low green card numbers, per country limits and lost Green Card numbers due to inefficient processing of USCIS.
Not sure what is the source of your information. But it is ill-researched and is skewed in nature.
yours truly,
Legal Skilled Immigrants from across the World living in USA
I clicked it and send this message to CNN's editor. All of you can do the same...
Dear Editor,
Last week's Legal Immigration Rally at DC is NOT about H1B increase, It is about the plight of over a million High Tech Skilled Legal Immigrants and their families in a probationary limbo of Green Card Processing. It takes 10 to 12 years to get a green card because of low green card numbers, per country limits and lost Green Card numbers due to inefficient processing of USCIS.
Not sure what is the source of your information. But it is ill-researched and is skewed in nature.
yours truly,
Legal Skilled Immigrants from across the World living in USA
coopheal
05-06 09:52 PM
Can you please brief us regarding what action IV has taken...
If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.
If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.
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StarSun
03-16 07:12 PM
VA/DC/MD members, please host members from out of states. Contact sukhwinderd (private message) or send him an email.......... 2011carpool@gmail.com Lots of members are asking for hosts......
VA and MD chapter leaders, please post this information in your state chapters, encourage people to open their homes to fellow members.
VA and MD chapter leaders, please post this information in your state chapters, encourage people to open their homes to fellow members.
more...
hebron
08-10 06:13 PM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Hi gk_2000, May be I am the only one who doesn't understand the idea. If you don't mind could you please explain what you proposed with examples?
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Hi gk_2000, May be I am the only one who doesn't understand the idea. If you don't mind could you please explain what you proposed with examples?
ramus
07-02 07:43 PM
If you don't belive in giving fight back and feel not contributing then its okay..
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
more...
ChainReaction
08-09 08:17 AM
I called the 800# today bec the TSC IO told me to check back after45 days and now I was told to wait for 90 days bec of the JulyAug backlog. After I conversed with the IO I told them what if the application is lost , should i be refiling my 485 , since the deadline is Aug17, so she transfered me to her super wiser and he looked for my name in the system and told me there is no update so far and he is placing an inquiry and that will take another 30 days and there is nothing else he can do in regards... And the wait of 30 or 90 days is way passed the Aug17th deadline.
I think USCIS should honor resubmitted application passed Aug17th deadline if we have to refile our I485 due to lost mail based on Tracking conformation from FEDEX which have the Signature conformation of IO when they received the mail?
There isn't lot of time left if I have to refile my 485 application , I have to call my lawyer to get the paperwork ready, Employer for the job letter and not to mention the Doctor for the medical ,I don't even know if he will issue a duplicate I693 or i have to get all the test redone ?
I think USCIS should honor resubmitted application passed Aug17th deadline if we have to refile our I485 due to lost mail based on Tracking conformation from FEDEX which have the Signature conformation of IO when they received the mail?
There isn't lot of time left if I have to refile my 485 application , I have to call my lawyer to get the paperwork ready, Employer for the job letter and not to mention the Doctor for the medical ,I don't even know if he will issue a duplicate I693 or i have to get all the test redone ?
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dealsnet
03-19 08:17 AM
See Ron Gotcher's Immigration news letter.
http://imminfo.com/resources/newsletter/2008-03Newsletter.pdf
http://imminfo.com/resources/newsletter/2008-03Newsletter.pdf
more...
jonty_11
06-12 02:35 PM
it is very easy to say - support CIR and get our ammendments attached to CIR...we were not even able to put forth our ammdmt on the floor last time around....It is not as easy as 1-2-3 ...
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
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reddymjm
08-10 01:51 PM
I am in for it.
more...
wIeRdLiFe
02-18 07:03 PM
Hello,
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
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pappu
07-03 06:01 PM
If anyone has any questions we will be happy to talk to them.
more...
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GCBy3000
01-16 10:14 AM
I visited this site three times this morning and this thread subject did not attact me at all. Fourth time since I ran out of all issues, I thought to open this up to see what it is.
Surprised to see it is created by IV core for an important issue. I would suggest to change the subject to a catchy one to prompt the users to open it or put this in home page somewhere eye catching.
Surprised to see it is created by IV core for an important issue. I would suggest to change the subject to a catchy one to prompt the users to open it or put this in home page somewhere eye catching.
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GCapplicant
08-17 04:56 PM
When will EB3 get its quota then How long we have to wait?I hope we dont get stranded in all this mess..
more...
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willgetgc2005
04-20 02:37 PM
Logiclife,
If you have contacts in Cisco, Intel etc in bay area , can you please spread the word so morepeople turn out. I am about 8 hours drive form San Jose. will try to make it. This is awesome. We need to get as many people as possible on war footing.
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
If you have contacts in Cisco, Intel etc in bay area , can you please spread the word so morepeople turn out. I am about 8 hours drive form San Jose. will try to make it. This is awesome. We need to get as many people as possible on war footing.
Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.
But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
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chanduv23
09-02 12:32 AM
All the NJ members - it is very critical that you all attend the rally. As this chapter has been lying dormant for a while, we decided to merge this into the tri state and a lot of NJ members are in the tri state chapter. Those of you who have not joined the tri state chapter, please do so by joining the tri state chapter at
http://groups.yahoo.com/group/immigrationvoiceny/
We are also in need of volunteers to help us in the flyer campaign in the tri state area with main focus on New Jersey.
Please vote your willingness to attend the rally at
http://immigrationvoice.org/forum/showthread.php?t=12872
Also if you want to ride the bus please visit the thread
http://immigrationvoice.org/forum/showthread.php?t=12567
Please PM me or tnite or mpadapa or singhsa3 if you want to volunteer for action items.
http://groups.yahoo.com/group/immigrationvoiceny/
We are also in need of volunteers to help us in the flyer campaign in the tri state area with main focus on New Jersey.
Please vote your willingness to attend the rally at
http://immigrationvoice.org/forum/showthread.php?t=12872
Also if you want to ride the bus please visit the thread
http://immigrationvoice.org/forum/showthread.php?t=12567
Please PM me or tnite or mpadapa or singhsa3 if you want to volunteer for action items.
more...
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indianindian2006
07-14 06:06 PM
Can new company file amendmend to existing I-140...
The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..
My question to gurus is-Will he be ok if his new company amend the I140.
Your case is a case of Successor in interest, his case is a case of different employer so according to me the answer is no.
The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..
My question to gurus is-Will he be ok if his new company amend the I140.
Your case is a case of Successor in interest, his case is a case of different employer so according to me the answer is no.
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ashkam
07-28 12:31 PM
Pray, how is displaying Ganesha on a beer bottle akin to opposing Hinduism?
And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?
Getting offended has turned into a national pastime. Get a hobby instead, will you?
And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?
Getting offended has turned into a national pastime. Get a hobby instead, will you?
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Asian
11-21 10:46 AM
I like this posting by tjayant. Very personal and detailed message. Except for one thing. You cannot guarantee 2 years from now for those who applied in 2003 and 2004 till getting GC. That is the whole problem for all of us.
My PD is in 2003 and I am EB-3 ROW but I don't think it will happen in two years in this pace. I am trying to move on with the new degree I will get during the long waiting period. Just like many people I had worked for my current company two years before starting GC process. Not many company let you do it right away... So stuck almost five years in current company without career progress just for the hope of GC... How screwed am I?
Back in 2003, my immigration lawyer didn't care much about EB-2 even though I already had a masters degree probably because of the prevailing wage requirement. But they had no clue what was going to happen.
Here is my advice to folks trying to jump job just for $$$, even if the GC situation is bad , money should never be the only factor in moving for another job, plan long term , actually from what I know only startups have good opening but highly unstable so it is a catch 22 for most of the folks, I would suggest if you are in fortune 500 companies and the job is boring and salary is bad stick with it for 2 more years , if you cannot get the GC in the next 1-2 years I dont think you will ever get it, this is applicable for folks who applied GC during 2003/2004, 3+2=5years , for folks who has applied for GC after 2004 you can do what you want !!., here again look for favorable environment, Govt's change and policy change so make hay while the sun shine !!, so if the policy is favorable even if the job is bad but you can get the GC in 1-2 year i would stick with that company, because you will never know what will happen after 2 years , It looks to me like we might be in a cusp of policy change similar to 1999/2000, if you miss this boat you may have to wait for another 6-7 years. But again if my understanding is correct America is like a ocean and there is room for everyone , so no one need to be scared of GC etc, every one will get it in some form or other eventually , it is only a matter of time. As far myself iam still waiting for LC, but never really bothered about GC during my 9+ years stay , I just did what I wanted , but after 9 years I would like to move to a startup but controlling myself with the above logic !!!, But one good thing about waiting for GC is it made me a better person personally in learning ton's of stuff valuable for long run. so there is always pluses, everybody wants to be a Pirate (do what we wanted like jump job's at the fist obstacle/temptation $$$) but sometimes it is good to be controlled by external factors to get the best of ourselfs.
My PD is in 2003 and I am EB-3 ROW but I don't think it will happen in two years in this pace. I am trying to move on with the new degree I will get during the long waiting period. Just like many people I had worked for my current company two years before starting GC process. Not many company let you do it right away... So stuck almost five years in current company without career progress just for the hope of GC... How screwed am I?
Back in 2003, my immigration lawyer didn't care much about EB-2 even though I already had a masters degree probably because of the prevailing wage requirement. But they had no clue what was going to happen.
Here is my advice to folks trying to jump job just for $$$, even if the GC situation is bad , money should never be the only factor in moving for another job, plan long term , actually from what I know only startups have good opening but highly unstable so it is a catch 22 for most of the folks, I would suggest if you are in fortune 500 companies and the job is boring and salary is bad stick with it for 2 more years , if you cannot get the GC in the next 1-2 years I dont think you will ever get it, this is applicable for folks who applied GC during 2003/2004, 3+2=5years , for folks who has applied for GC after 2004 you can do what you want !!., here again look for favorable environment, Govt's change and policy change so make hay while the sun shine !!, so if the policy is favorable even if the job is bad but you can get the GC in 1-2 year i would stick with that company, because you will never know what will happen after 2 years , It looks to me like we might be in a cusp of policy change similar to 1999/2000, if you miss this boat you may have to wait for another 6-7 years. But again if my understanding is correct America is like a ocean and there is room for everyone , so no one need to be scared of GC etc, every one will get it in some form or other eventually , it is only a matter of time. As far myself iam still waiting for LC, but never really bothered about GC during my 9+ years stay , I just did what I wanted , but after 9 years I would like to move to a startup but controlling myself with the above logic !!!, But one good thing about waiting for GC is it made me a better person personally in learning ton's of stuff valuable for long run. so there is always pluses, everybody wants to be a Pirate (do what we wanted like jump job's at the fist obstacle/temptation $$$) but sometimes it is good to be controlled by external factors to get the best of ourselfs.
hpandey
03-12 09:00 AM
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
Just because you don't know what IV is doing and how much trouble these guys go through with meetings with lawmakers and USCIS and DOS and that too WITHOUT ANY DONATIONS. Can't you see the line on the top of the page - ZERO contributions this month. And last month - 25$.
These guys spend their valuable time advocating our cause and you say SHAME ON YOU.
Search your soul and you will find who really should be ashamed. I am proud of the IV CORE and although I have not contributed my time but at least contributed monetarily .
You guys want everything if you donate . I donate knowing fully well that a few thousand dollars in donations will not make the US Congress Pass a bill giving GC to all and eliminating the backlog.
I donate so that WE IMMIGRANTS have a VOICE and a PLATFORM so that someone will listen to us at least. Whether they act or not on it depends on them. We can't force anyone to pass a bill. The powers against us are very strong and they have millions of dollars.
I wonder who should really be ashamed - IV CORE who works hard for us without money or you who does nothing but type on his keyboard sitting on a chair !
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
Just because you don't know what IV is doing and how much trouble these guys go through with meetings with lawmakers and USCIS and DOS and that too WITHOUT ANY DONATIONS. Can't you see the line on the top of the page - ZERO contributions this month. And last month - 25$.
These guys spend their valuable time advocating our cause and you say SHAME ON YOU.
Search your soul and you will find who really should be ashamed. I am proud of the IV CORE and although I have not contributed my time but at least contributed monetarily .
You guys want everything if you donate . I donate knowing fully well that a few thousand dollars in donations will not make the US Congress Pass a bill giving GC to all and eliminating the backlog.
I donate so that WE IMMIGRANTS have a VOICE and a PLATFORM so that someone will listen to us at least. Whether they act or not on it depends on them. We can't force anyone to pass a bill. The powers against us are very strong and they have millions of dollars.
I wonder who should really be ashamed - IV CORE who works hard for us without money or you who does nothing but type on his keyboard sitting on a chair !
.soulty
03-11 12:33 AM
thats better.. cool, so i'll contact grinch to see if he is happy to get this poll ready.
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