frostrated
08-21 11:20 AM
I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
It is true that when you entered the country, passports were not required of Canadian citizens. But you overlook one aspect. Canadian citizens who are visitors to the United States need to leave at the end of 6 months. Any visitor who stays beyond six months is accuring illegal stay. If you came in 2005, either in late 2005 or early 2006 you started to accure illegal stay. This is not a fault of the USCIS, but yours in not finding out about the rule. Also, A visitor who intends to live, work or study in the U.S. may be permanently barred from the U.S. Please refer to Canadian Citizens • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/canadians.asp) for more details on your stay.
As for blaming the USCIS for not notifying you earlier, there are a plethora of applications pending before yours, so it will take time for them to look at your application. The additional forms that USCIS has asked you, were forms that you need to have sent when you applied your I-485. These were all suplments you would have found had you looked up the filing instructions. no I-485 can be approved without those forms. It has been law since the early 1990s when the law was made.
And, since you entered the country to marry your fiance, when that did not happen, you should have left and re-applied through another means. If the people you are looking after cannot afford to pay for your adjustment, and pay you only food and board, they are in fact breaking the law by hiring an illegal alien. Room and food is considered pay as far as USCIS is concerned.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
It is true that when you entered the country, passports were not required of Canadian citizens. But you overlook one aspect. Canadian citizens who are visitors to the United States need to leave at the end of 6 months. Any visitor who stays beyond six months is accuring illegal stay. If you came in 2005, either in late 2005 or early 2006 you started to accure illegal stay. This is not a fault of the USCIS, but yours in not finding out about the rule. Also, A visitor who intends to live, work or study in the U.S. may be permanently barred from the U.S. Please refer to Canadian Citizens • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/canadians.asp) for more details on your stay.
As for blaming the USCIS for not notifying you earlier, there are a plethora of applications pending before yours, so it will take time for them to look at your application. The additional forms that USCIS has asked you, were forms that you need to have sent when you applied your I-485. These were all suplments you would have found had you looked up the filing instructions. no I-485 can be approved without those forms. It has been law since the early 1990s when the law was made.
And, since you entered the country to marry your fiance, when that did not happen, you should have left and re-applied through another means. If the people you are looking after cannot afford to pay for your adjustment, and pay you only food and board, they are in fact breaking the law by hiring an illegal alien. Room and food is considered pay as far as USCIS is concerned.
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desi3933
01-31 07:55 AM
So does this mean that pending AOS has no meaning?
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
24fps
02-13 02:47 PM
LOL
his choice of words was dramatic/wrong but it does'nt take away the fact the veracity of the article he's posted.
i've been hearing about this for a while as well, and it needs to be debated/looked into
his choice of words was dramatic/wrong but it does'nt take away the fact the veracity of the article he's posted.
i've been hearing about this for a while as well, and it needs to be debated/looked into
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kunkie
07-23 08:24 AM
Hi,
You can surely do so, and that too at your own convenience, that is until you get the project with your second employer you need not bother with leaving the first job. H1 Visa does not come in effect until you move to other employer's payroll.
What I write.. I know for a fact, you may still want to check for any latest changes with attorney or some one in legal world.
Regards,
kunkie
You can surely do so, and that too at your own convenience, that is until you get the project with your second employer you need not bother with leaving the first job. H1 Visa does not come in effect until you move to other employer's payroll.
What I write.. I know for a fact, you may still want to check for any latest changes with attorney or some one in legal world.
Regards,
kunkie
more...
dionysus
01-30 05:27 PM
May be because you opened a thread for people who recently got laid off, USCIS got the whiff.
I know this is crazy talk, but with the massive super computers, encryption cracking technologies and all that monitoring systems at the disposal of US govt, who know?
:eek:
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
I know this is crazy talk, but with the massive super computers, encryption cracking technologies and all that monitoring systems at the disposal of US govt, who know?
:eek:
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
.jpg "Love Quotes For Broken Hearts.")
msgrewal81
02-18 04:45 PM
Sorry guys, I misread somewhere.:D
What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.
What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.
more...
yabadaba
08-15 04:35 PM
Please link it.
read the bulletin!
read the bulletin!
2010 Love Quotes For Broken Hearts.
StarSun
02-04 09:58 AM
Members who want to donate air miles, please come forward, as it will allow for others who are considering to come a chance to plan for the event.
more...
chanduv23
01-30 04:40 PM
Most times, desi employer looks for himself in these cases. These jobs are not obtained by stringent interview processes. Consulting companies and candidates kinda use each other to legally get into the system.
While someone wants to do h1b for their wife, the only way seems to be conssulting companies or MS - OPT - job.
When people have the luxury of approaching consulting companies to do h1b for wives and nephews etc... they must also be ready for crap. Will someone approach Microsoft for doing h1b for wife??
We all know it is not easy to geta job if you don't have good US experiencee and such candidates are a challenge to get placed, thats why consulting companies request u to pay payroll taxes so that they can legally run payroll and keep u on rolls till u get placed.
It is totally upto a person whether they want to deal with this or not.
While someone wants to do h1b for their wife, the only way seems to be conssulting companies or MS - OPT - job.
When people have the luxury of approaching consulting companies to do h1b for wives and nephews etc... they must also be ready for crap. Will someone approach Microsoft for doing h1b for wife??
We all know it is not easy to geta job if you don't have good US experiencee and such candidates are a challenge to get placed, thats why consulting companies request u to pay payroll taxes so that they can legally run payroll and keep u on rolls till u get placed.
It is totally upto a person whether they want to deal with this or not.
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chennaikar
03-31 12:20 PM
In the USCIS Ombudsman Report In the USCIS Ombudsman Report http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
On page 52 it mentions
"
The Grand Total of Employment Preference Numbers Available for Recapture is shown as 218,759 (not 268,759), since it reflects subtraction of 50,000 numbers already recaptured from FY 01 through FY 04.
"
Also there is a break up of per year unused visa numbers from 1992 till 2006.
On page 52 it mentions
"
The Grand Total of Employment Preference Numbers Available for Recapture is shown as 218,759 (not 268,759), since it reflects subtraction of 50,000 numbers already recaptured from FY 01 through FY 04.
"
Also there is a break up of per year unused visa numbers from 1992 till 2006.
more...
Canuck
02-14 08:10 PM
This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
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transpass
07-28 07:12 PM
beer != toilet seat.
picture-of-Ganesha != picture-of-your-parents.
Please dont sensationalize this and try to make it news when it is'nt.
People like VHP and Bajrang Dal do this to exploit divisions that result in more votes for them (its almost the way Hitler exploited divisions against the Jews). As educated, skilled, tech-savvy, responsible adults atleast we should all refrain from getting caught up in all this.
Move on guys. Worry about retrogression and priority dates. Even those stupid threads on LUDs are more productive than this one.
Well said...There is no reason to cling onto silly things...
picture-of-Ganesha != picture-of-your-parents.
Please dont sensationalize this and try to make it news when it is'nt.
People like VHP and Bajrang Dal do this to exploit divisions that result in more votes for them (its almost the way Hitler exploited divisions against the Jews). As educated, skilled, tech-savvy, responsible adults atleast we should all refrain from getting caught up in all this.
Move on guys. Worry about retrogression and priority dates. Even those stupid threads on LUDs are more productive than this one.
Well said...There is no reason to cling onto silly things...
more...
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Aah_GC
04-25 10:30 AM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
May congratulations to you Googler and wish you have a great future ahead.
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
May congratulations to you Googler and wish you have a great future ahead.
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abc
11-17 05:21 PM
try to move when your 6 months of any H1b year are over.
I am trying to file H1b transfer + extn through new company. I am on 6 and half years on H1.
So, i will get 18 months in new h1b. Thus, I can safely file Perm through new company and get further extensions.
I am trying to file H1b transfer + extn through new company. I am on 6 and half years on H1.
So, i will get 18 months in new h1b. Thus, I can safely file Perm through new company and get further extensions.
more...
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abhishek101
12-26 04:06 PM
You have pretty much written my hit list. I could not have put it in better words.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.
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downthedrain
02-03 01:21 PM
Please read my post again.
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
desi3933, Sorry I am a little confused, I have been working for the same company for last 8 years and I am continuing with them. I substituted on another approved labor when filing I140 from the same company. So there is no future job for me, it is the current job.
Thanks for your advise again
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
desi3933, Sorry I am a little confused, I have been working for the same company for last 8 years and I am continuing with them. I substituted on another approved labor when filing I140 from the same company. So there is no future job for me, it is the current job.
Thanks for your advise again
more...
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chintu25
09-10 10:44 AM
I will update here for those who cannot enter chat
Right now they are discussing
H.R. 6598
the "Prevention of Equine Cruelty Act of 2008
I will update here once HR 5882 starts
Right now they are discussing
H.R. 6598
the "Prevention of Equine Cruelty Act of 2008
I will update here once HR 5882 starts
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newbee7
07-09 04:32 PM
You chose to ignore this from your post
when we were certain the process will be completed very shortly
certain = 100%
You are reading what you want to read.
__________________
Not a legal advice.
Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
when we were certain the process will be completed very shortly
certain = 100%
You are reading what you want to read.
__________________
Not a legal advice.
Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
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makemygc
07-05 11:29 AM
http://digg.com/politics/Reversal_Fr...ard_Applicants
thank you
URL Incorrect. Plz repost
thank you
URL Incorrect. Plz repost
Abhinaym
09-10 01:24 PM
Most of you either have a firewall or a proxy server to go out to the internet at your work locations, which allows for only TCP port 80. So if you are unsuccessful in getting the real player to work, try this:
when real player opens do the following:
click on tools->preferences->network transport->
then check the "manually configure connection settings"
click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Next
click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Enjoy!!
Would the Sys Admin know if you've done that? :D
when real player opens do the following:
click on tools->preferences->network transport->
then check the "manually configure connection settings"
click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Next
click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Enjoy!!
Would the Sys Admin know if you've done that? :D
feedfront
10-21 01:27 PM
Hi Guys
At last today is my day.. online status changed to "Card Production Order" :)
Hope every one will get soon.
Thanks
onemorecame
Can you please post your timeline here?
At last today is my day.. online status changed to "Card Production Order" :)
Hope every one will get soon.
Thanks
onemorecame
Can you please post your timeline here?
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