gc_on_demand
11-11 01:36 PM
IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.
Shall we start a funding drive? rajuram - can you lead it?
We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.
Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.
hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..
Shall we start a funding drive? rajuram - can you lead it?
We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.
Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.
hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..
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vandanaverdia
09-10 03:34 PM
You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!
snathan
02-12 02:21 PM
hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.
it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..
I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.
peace V
Most of the time, Ron never gives any proof for his statements. Its only a fantasy or fiction.
it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..
I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.
peace V
Most of the time, Ron never gives any proof for his statements. Its only a fantasy or fiction.
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Foster2007
07-09 04:42 PM
I agree 100%. They also issued green cards to ppl whose PD was not current in June. Even that is a violation of law.
more...
CADude
11-20 11:51 PM
Good though...
Guys.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
Guys.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
brawn81
11-06 11:56 AM
Thanks
more...
sam_hoosier
01-18 11:09 AM
Signed up for $20/month.
2010 Girls Soccer Player of the
Michael chertoff
07-12 09:06 PM
AUG BULLETIN is already out, it moved to March06 for EB2,
He is talking about next month (September). I think we have to wait for next year now.
He is talking about next month (September). I think we have to wait for next year now.
more...
ilikekilo
10-15 08:59 PM
ok what receipt # are you guys talking about? i think iam little confused..
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
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meridiani.planum
07-21 04:01 AM
Hello Gurus,
I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:
once you get past the I-140, the typical reasons for denial of I-485 are some criminal background, out of status >180 days, mistakes on forms etc.
IMO a simple case would be someone who:
- has never changed employers
- was employed with a large US corporation which is more likely to have paid him his salary every month (as opposed to a 3-4 person company where getting hold of the W-2 is the only way to confirm).
- was never denied any application (change of status / entry to US)
- has clear medical records
- has clear documents related to birth certificate
Complicated cases are when:
- someone has repeatedly changed and employers since entering the US. The IO will need to make sure status was maintained throughout all those transitions.
- some document was not submitted, or not submitted with transalations/affidavits etc. Commonly birth certificate issues.
I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:
once you get past the I-140, the typical reasons for denial of I-485 are some criminal background, out of status >180 days, mistakes on forms etc.
IMO a simple case would be someone who:
- has never changed employers
- was employed with a large US corporation which is more likely to have paid him his salary every month (as opposed to a 3-4 person company where getting hold of the W-2 is the only way to confirm).
- was never denied any application (change of status / entry to US)
- has clear medical records
- has clear documents related to birth certificate
Complicated cases are when:
- someone has repeatedly changed and employers since entering the US. The IO will need to make sure status was maintained throughout all those transitions.
- some document was not submitted, or not submitted with transalations/affidavits etc. Commonly birth certificate issues.
more...
Abhinaym
02-19 12:02 PM
How exactly are illegals going to prove that they have been here for more than 5 years?
That's exactly what I wanted to ask! How on earth are they going to prove a presence?
1. Drivers license (that only shows the date they started)
2. Utility bills (is that possible?)
3. Bank statements (I'm not sure if undocumented ones get accounts)
4. Employment proof (right...)
5. Real estate titles
I'm not saying they can't, but trying to think how...
That's exactly what I wanted to ask! How on earth are they going to prove a presence?
1. Drivers license (that only shows the date they started)
2. Utility bills (is that possible?)
3. Bank statements (I'm not sure if undocumented ones get accounts)
4. Employment proof (right...)
5. Real estate titles
I'm not saying they can't, but trying to think how...
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sri1309
01-25 11:40 AM
Please post Email/Letter content here, I can ask all my friend to send it to their respective Senator....
No more Discussion only ACTION.
Thnaks,
MDix
Pass this to as many friends as you can in school or in Job.
The Burning Problem
Long wait times of 5-10 years for EB2/EB3 Employment based greencard applicants from India.
We are unable to buy houses, change companies and be stuck with current employer, though we can start companies, jobs etc. This is all due to uncertainty in the greencard process. Spouses are unable to work due to visa problems.
What should you do:
You can submit your ideas here http://change.gov. You will be asked to register. Please do it with actual details with no fear. We are legal here and many of us have done it, there is nothing to fear. This is just one way to start.
I strongly recommend immigrationvoice.org, but please feel free to join any forums or multiple forum sites and create awareness and action.
And please make your friends aware of the problem, and make them join in the various immigration forums and help ourselves.
The details:
So far, there has been much action or participation on addressing the problem. This is totally unacceptable, when the issue affects 400-500,000 of applicants but those fighting for this cause are very few. We are legal immigrants who bring innovation, create value, build companies and jobs, and contribute in many ways to the economy. The system was fine 4-5 years back, but now it�s severely backlogged. Do not think �it is not my problem now�, because you will be also affected by the negative impact. Reports say only 5000 people are voicing their opinions, even though the problem affects more than 500,000 applicants (and their spouses).
What do we request the goverment:
1. A small administrative fix to recapture the lost visas because of administrative delays
2. Remove per country quota limits and make sure the system works efficiently. India sends more H1Bs than any other country, Some countries don�t send any anybody and in those cases the visas are just LOST. And in case of India, the backlogs are huge due to limited quota limits.
3. Applicants with Masters/PhD from US schools must get a greencard without much waiting.
4. Applicants with 5-10 years of Experience in the US must be able to get greencard very fast.
5. Applicants waiting for greencards for more than 5 years after applying must get them immediately.
Immigrationvoice.org is one good site to participate to name one. Let�s help ourselves and each other. Also register in this site or any other, and start contributing your ideas for your own good. Please pass it to as many friends as you can, and motivate them.
No more Discussion only ACTION.
Thnaks,
MDix
Pass this to as many friends as you can in school or in Job.
The Burning Problem
Long wait times of 5-10 years for EB2/EB3 Employment based greencard applicants from India.
We are unable to buy houses, change companies and be stuck with current employer, though we can start companies, jobs etc. This is all due to uncertainty in the greencard process. Spouses are unable to work due to visa problems.
What should you do:
You can submit your ideas here http://change.gov. You will be asked to register. Please do it with actual details with no fear. We are legal here and many of us have done it, there is nothing to fear. This is just one way to start.
I strongly recommend immigrationvoice.org, but please feel free to join any forums or multiple forum sites and create awareness and action.
And please make your friends aware of the problem, and make them join in the various immigration forums and help ourselves.
The details:
So far, there has been much action or participation on addressing the problem. This is totally unacceptable, when the issue affects 400-500,000 of applicants but those fighting for this cause are very few. We are legal immigrants who bring innovation, create value, build companies and jobs, and contribute in many ways to the economy. The system was fine 4-5 years back, but now it�s severely backlogged. Do not think �it is not my problem now�, because you will be also affected by the negative impact. Reports say only 5000 people are voicing their opinions, even though the problem affects more than 500,000 applicants (and their spouses).
What do we request the goverment:
1. A small administrative fix to recapture the lost visas because of administrative delays
2. Remove per country quota limits and make sure the system works efficiently. India sends more H1Bs than any other country, Some countries don�t send any anybody and in those cases the visas are just LOST. And in case of India, the backlogs are huge due to limited quota limits.
3. Applicants with Masters/PhD from US schools must get a greencard without much waiting.
4. Applicants with 5-10 years of Experience in the US must be able to get greencard very fast.
5. Applicants waiting for greencards for more than 5 years after applying must get them immediately.
Immigrationvoice.org is one good site to participate to name one. Let�s help ourselves and each other. Also register in this site or any other, and start contributing your ideas for your own good. Please pass it to as many friends as you can, and motivate them.
more...
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Dakota Newfie
07-03 12:20 PM
As I said, I expected to be "attacked" when I submitted my posts which only proves my point since the attacks are only coming from a "select group"; remember, the more you criticize my opions, the more you prove I'm right!
That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.
That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.
tattoo Girls of Soccer
delax
07-13 10:34 AM
Why didnt the EB2 ROW number trickle to ROW EB3 first?
Think about this for a minute. By doing so EB3-ROW is given precedence over EB2-Retro country after the ROW within EB2 has been satisfied. I cant see how that can make sense - not that anything in the GC sojourn makes sense. The categorization across employment categories is due to a difference in skill, training and experience level. Once the ROW demand within a category has been satisified, the retro country within the same category needs to get a preference over any lower category - sounds very harsh and heirarchical but thats how it is.
Think about this for a minute. By doing so EB3-ROW is given precedence over EB2-Retro country after the ROW within EB2 has been satisfied. I cant see how that can make sense - not that anything in the GC sojourn makes sense. The categorization across employment categories is due to a difference in skill, training and experience level. Once the ROW demand within a category has been satisified, the retro country within the same category needs to get a preference over any lower category - sounds very harsh and heirarchical but thats how it is.
more...
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retrohatao
02-08 04:28 PM
Description of the process:
When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
receives a reply. FBI after doing the security checks ( the process involves checking the name against
potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
is "YES" USCIS clears the case and if it is NO your case would be rejected.
After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
It is just like a blackhole and no one is there for you to provide the status/answer queries.
Here is the thread one needs to look at if you would like to know more about the problem:
http://boards.immigration.com/showthread.php?t=174845
Solution:
1.Its an interagency issue. USCIS need to follow up at constant intervals.
2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
of the cases.
3. There should be a definite time line for clearing the cases.
4. There should be a grievance addressing system for the cases delayed indefinitely.
Ultimately it is in the interest of the country. If you think someone is dangerous, you would
not want him/her to be in the country freely roaming on a EAD. Right?
I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
more
When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
receives a reply. FBI after doing the security checks ( the process involves checking the name against
potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
is "YES" USCIS clears the case and if it is NO your case would be rejected.
After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
It is just like a blackhole and no one is there for you to provide the status/answer queries.
Here is the thread one needs to look at if you would like to know more about the problem:
http://boards.immigration.com/showthread.php?t=174845
Solution:
1.Its an interagency issue. USCIS need to follow up at constant intervals.
2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
of the cases.
3. There should be a definite time line for clearing the cases.
4. There should be a grievance addressing system for the cases delayed indefinitely.
Ultimately it is in the interest of the country. If you think someone is dangerous, you would
not want him/her to be in the country freely roaming on a EAD. Right?
I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
more
dresses Hot Girls and Soccer Puzzle
grinch
02-15 07:32 AM
Yeah well if you don't want to make it look spiffy, then thats your choice!
I'm working on my entry currently, and it's coming along well, just some basic modeling and texturing, and some decent renders.
Doesn't have to look amazing or whatnot!
And deadline can be altered if you wish.
I'm working on my entry currently, and it's coming along well, just some basic modeling and texturing, and some decent renders.
Doesn't have to look amazing or whatnot!
And deadline can be altered if you wish.
more...
makeup Girls Soccer Knee Kick Shirt
pappu
06-10 12:28 PM
WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES
On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.
We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.
We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.
IV is working on defeating this amendment. Please stay tuned for further updates.
On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213
AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010
Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)
SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CERTIFICATION REQUIREMENT.
(a) Short Title.--This section may be cited as the ``Employ America Act''.
(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--
(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and
(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.
(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.
(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--
(1) the date on which such individual will no longer be authorized to work in the United States; and
(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.
(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).
(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).
On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.
We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.
We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.
IV is working on defeating this amendment. Please stay tuned for further updates.
On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213
AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010
Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)
SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CERTIFICATION REQUIREMENT.
(a) Short Title.--This section may be cited as the ``Employ America Act''.
(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--
(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and
(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.
(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.
(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--
(1) the date on which such individual will no longer be authorized to work in the United States; and
(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.
(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).
(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).
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unitednations
12-21 10:48 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:
I had written about this in the past. When I went for local office interview; he had requested all w2's and tax returns from my initial entry shown on g-325( LAST ADDRESS OUTSIDE USA FOR MORE THEN ONE YEAR) which was 1999.
It said prove that you maintained status on each entry.
Now: i didn't have any issues but I was pretty upset that officer was going way outside the law and testing periods that he wasn't supposed to. My date of last entry before filing 485 was December 2002 and he was requesting 1999-2006.
I did inform him that he wasn't supposed to ask for this as it was outside the law. However; what I gathered is that although 245k does have some significant protection for everyone; uscis tries to go other ways in catching/snagging you. Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
The feeling i got from my interview is that is what he was exactly trying to do.
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:
I had written about this in the past. When I went for local office interview; he had requested all w2's and tax returns from my initial entry shown on g-325( LAST ADDRESS OUTSIDE USA FOR MORE THEN ONE YEAR) which was 1999.
It said prove that you maintained status on each entry.
Now: i didn't have any issues but I was pretty upset that officer was going way outside the law and testing periods that he wasn't supposed to. My date of last entry before filing 485 was December 2002 and he was requesting 1999-2006.
I did inform him that he wasn't supposed to ask for this as it was outside the law. However; what I gathered is that although 245k does have some significant protection for everyone; uscis tries to go other ways in catching/snagging you. Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
The feeling i got from my interview is that is what he was exactly trying to do.
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rimzhim
04-04 04:04 PM
[From here (http://www.ieeeusa.org/policy/issues/).
Enacting legislation to facilitate the admission of foreign professionals with advanced degrees in science, technology, engineering and managerial fields as legal permanent residents.
[/LIST]
great to hear that!
also johnifax98: if middlepersons are exploiting the system, it will help to eliminate their role. i agree that is also abuse.
Enacting legislation to facilitate the admission of foreign professionals with advanced degrees in science, technology, engineering and managerial fields as legal permanent residents.
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great to hear that!
also johnifax98: if middlepersons are exploiting the system, it will help to eliminate their role. i agree that is also abuse.
DallasBlue
01-24 11:06 PM
IV members,
We need to come up with some great ideas like "flower campaign". Something that will mobilize IV members.
Let us not be pessimistic. There are thousand of reasons that one can think of why the new administration may not act soon. But that should not stop us from making our cause being heard. The new adminsitration has been taking many decisions that are not economy related. Economy is their #1 priority but it is not their only priority.
The visa recapture issue has been pending for a long time now (atleast 3 years). Either we continue to wait and suffer and remain frustrated or we take some action. Choice is ours.
PS: Let us be civil. I second using non-accusatory language on this forum.
How about we start writing letters to the WhiteHouse/President on
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
for administrative fixes ?
We need to come up with some great ideas like "flower campaign". Something that will mobilize IV members.
Let us not be pessimistic. There are thousand of reasons that one can think of why the new administration may not act soon. But that should not stop us from making our cause being heard. The new adminsitration has been taking many decisions that are not economy related. Economy is their #1 priority but it is not their only priority.
The visa recapture issue has been pending for a long time now (atleast 3 years). Either we continue to wait and suffer and remain frustrated or we take some action. Choice is ours.
PS: Let us be civil. I second using non-accusatory language on this forum.
How about we start writing letters to the WhiteHouse/President on
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
for administrative fixes ?
ajthakur
07-15 02:30 PM
I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.
How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.
How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?
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