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  • logiclife
    12-20 04:54 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    (k) Inapplicability of certain provisions for certain employment-based immigrants

    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien’s admission.

    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.





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  • HarshJ
    10-13 12:18 AM
    PD Sept 2001
    Labor Approval Jan 2007 (Yeah almost 6 YEARS !!)
    I-140 RD Mar 12 2007
    I-485 RD Jul 23 2007
    Received EADs, APs and I-485 receipts Sept 23rd 2007

    Waiting !!:(





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  • sc3
    10-20 01:06 PM
    Hello there,
    I cant less concur to what you jsut said, if someone has something to say and critique , they can very well post their response or send a private message.

    Anyways the focus is the campaign. Have we decided on what and when we should do this flower campaign?

    I request all IV members, to please unite and do something, we all need to be mobile and create more awareness.

    Have we all forgotten how much publicity we got in 2007? lets all wait till the election day is over and the right candidate is elected.

    Then we should plan a rally.


    I am lucky, because I work hard. We all can be lucky as well, all we need to do is, work hard on these rally's. A flower campaign, a rally and maybe someone earlier suggested the EB community should take one day off work and attend that rally. This way, they will understand our Importance

    How stupid can someone be to give me a red for my previous post.

    Now for this. Why should someone hide behind a red dot (just to say "you suck" and things like that). Most, if not all, red dots are personal attack on the person rather than the post. The very few reds which actually are justifiable are the ones where someone is given the red for his offensive remarks.

    I realize that a side discussion on red dots is not germane to this post, but it is the participants in the discussion here who have brought it up. As evidenced by so many posts that keep happening now and then, some feel bad to post when people intimidate them with reds. Of course, some may say that red dots doesn't matter, but to a new member (who has contrarian views), getting red pretty much means some people are not going to take them seriously.





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  • nk2006
    12-27 08:54 AM
    GUYS THIS SEEMS INCORRECT, I HAVE A 529 FOR BOTH MY BOYS......MY FINANCIAL BROKER SET IT UP FOR ME..

    I also have opened 529 account couple years ago (and contributing to it monthly ever since). No issues (no questions were asked about my visa status) while opening or during my monthly contributions. My understanding is, we can use these funds anywhere in the world as long as the money taken out is used for higher educaiton of designated beneficiary.

    The biggest disadvantage for us is in our jobs - so many jobs are advertised with a clear mention that they dont support visa. This is not restricted to some mom and pop tech shops even some bigger companies do that. Also in big companies where H1B's are welcomed (like Cisco, Microsoft etc); they dont take you if you have less remaning time on your H1B. I knew a case where a friend of mine was interviewed and offered a very good position in one such reputed companies. The interview/background check process took two/three months at the end of it they realized that the personal have only 1year 4months left on his H1B visa. So they told him they wont take him; reason given is company policy that they need atleast 2 years on your H1B so that they have enough time to sponsor greencard etc. There are so many such instances where we are losing big time on our careers in the peak of our lifes.



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  • gccovet
    03-09 12:26 PM
    No movement for EB2-I just 15 days forward for EB3-I
    This sux

    GCCOvet





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  • Slumdog
    01-17 03:07 PM
    Xyzgc, Relax out there. You are taking it very personal. For you this may be bulshitting but in tough economic times
    Like this my story might be a reality for lot of people or could very well face in coming days & months. I put out my experience out there so people will read & be cautious & use their good judgement. I am happy for you that you were able to make all right decisions in your life. Let others read & decide what is best for them.



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  • kumar1
    07-31 03:18 PM
    x





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  • unknown123
    12-10 08:38 PM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.


    Boss EB3 to EB2 porting is only possible, if you qualifies for EB2.. so what's your problem anyway



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  • sanju
    02-13 05:29 PM
    You honestly believe that our problems are comprable to the suffering that the real victims of ethnic cleansing go through?

    Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.

    "What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?

    Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.

    .





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  • alisa
    01-21 11:13 AM
    Assuming everyone stays the course, under these timelines

    1. At least 5% of applicants will be sponsored by their American children.
    2. Another 5% will have their first million and move to the investor's category.

    The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.

    Ok. So thats a 10 percent decrease in accumulation rate.
    Lets add another 10 percent decrease to that. These will be 10 percent that commit suicide, suffer a lay-off, or just pack up and go back.
    So, the accumulation rate decreases to 15600, the initial backlogs from 2001, and 2002 also decreased to 80 percent their currently assumed values. Following are the results. Good news. Wait time decreases. Bad news, you still have to send your dependents back as we are not counting them.

    The timelines are now less than 20 years.

    For India. (ROW wait times are less than 5-10 years anyway according to this model)

    YApp YC(New) YC(Old)
    2001 2011 2013
    2002 2015 2018
    2003 2016 2020
    2004 2018 2022
    2005 2020 2024
    2006 2021 2026
    2007 2023 2028
    2008 2024 2030
    2009 2026 2032
    2010 2027 2034


    In anycase, there is a point to this exercise.

    I don't want to pull numbers out of my ass. I want to make a good faith effort in estimating what the wait times would be with things being the way they are. A reasonable model should show that for Indians, the situation is hopeless. For others, the situation is painful. The current model shows that. I just want to give this some time, and get the best feedback and incorporate that in it.

    Maybe, then I will be able to convince people (especially from India) to get active, and stop being ignoramuses asking innocently 'Oh! Is the situation really that bad?'

    If anyone has any ideas on modelling EB-2 vs EB-3 for India, that would also be helpful. Given some data, simple math should give us good enough estimates.



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  • god_bless_you
    12-13 07:40 AM
    Whats the advice on this from core group?
    can we start mass web faxing USCIS for rule change?





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  • weasley
    11-12 05:17 PM
    VIN13

    Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.

    What else you want us to do?

    Thanks.

    Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.

    I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.



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  • snegrust
    09-19 11:39 AM
    Congratulations to all of us for having marched yesterday, I was extremely impressed with the level of organization. Salut to everyone who made it possible.
    However, I have a whole bunch of points, sorry if they come out strong....

    1) I absolutely agree with the 'Legal' Immigration issue, we did look as if we were immigrants and not defined as legal, I think high-skilled is secondary to the legality... This is one of the reasons I have not purchased merchandise, as it looks like it addresses immigration as such. I think banner by Chinese group exphasizing the legal aspect looked very impressive..

    2) It was obvious from speeches on Monday night and yesterday (friendship between US and India comments, etc) that this is seen as an Indian issue. Unless you are trying to show it as such, something has to be done about it. Non-indians were marching with you as well, and next time effort should be made to put together Indian, Chinese and whoever else when putting pictures, RollCall for example, or talking to the press, or talking to representatives. I have expressed my desire and submitted all information to the person in charge of organizing meetings on Capitol Hill, but was not provided with this oppportunity..
    Basically, it was clear that, as of now, even many representatives see the issue as Indians versus Mexicans... Not a good idea....

    3) I thought that some of the signs were extremely offensive to the Americans "We brought you yahoo/hotmail/google" and as such... if I were an American contemplating about my views on the immigration, and if I were as patriotic as many Americans are, I would be upset with the messages putting down local brains...

    4) It was a very impressive effort by Chinese group, thumbs up. Although very strange that so ew of them showed up. My CHinese colleague who alreday has GC and helped distribute info to his friends, told me that all 5 Chinese papers in the area had big announcements about the Rally

    5) I agree with disappointment about local people, it seemed like there were many more members from CA, NY and other places than VA/MD/DC, we should all be wokring on raising awareness.

    All for now
    Agains, congrats to all of us





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  • calgirl
    07-20 02:40 PM
    you don't need PD's to be current to apply for interim benefits like EAD/AP

    Thanks WeShallOvercome. I panicked for a few minutes. :)



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  • battineni
    08-10 02:23 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


    I'm with you...!!





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  • kbsyed61
    06-06 04:47 PM
    A friend of mine (from India) got his GC approval notice on 6/3. Here are the details:

    LC PD - April 12 2003.
    I-485 RD - June, 07, ND - July 16th 2007.
    Filing Center - NSC
    Received RFE 5/14/08.
    Submitted reply 5/30. USCIS ack 5/31. Soft update again on 6/02.
    6/03 received email about card production ordered.

    Congrats to all those lucky souls.



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  • needhelp!
    10-28 06:15 PM
    Did this last Friday. Waiting on receipt number.

    This is the doc:

    http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh





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  • belmontboy
    05-23 02:19 PM
    That is what these computer workers do. Go to forums, steal code, copy that at the appropriate place, change variable names and screw up all the copyright issues.

    what is your job?





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  • vegasbaby
    10-12 12:18 AM
    Wow. period.

    I had no idea the situation was this bad. We were on flippin Grey hound buses, from NY to Buffalo and then two immigration people board the bus and start talking to us.

    We were just four students doing our Master's going to Niagara and we had no clue that we needed a passports to travel there, But the thing that pissed me off the most was the attitude of one of the officers.

    Here's the actual conversation.

    Bus driver before we reach Syracuse: "Immigration officials come up to check documents 90% of the time".

    Us: "Dude, you should've told us this in New york city! Why are you telling us this now?"

    Officer1: "Sir, your documents"
    Me(extremely low tone, pretty scared): "Sorry officer, I didn't realize we needed a passport to travel to Niagara falls. We aren't going over to Canada..."

    Officer1 (Voice raising, everyone in the bus was looking at us by this point): "I hope you realize what you're saying. YOU ARE IN DIRECT VIOLATION OF FEDERAL LAW. I have people from 40 countries in my station now and I can take you there RIGHT now."

    Me (still scared): "I'm sorry, I thought this was domestic travel, I didn't realize we needed a passport for this. I have my international driver's permit and my Student ID Card as identification"

    Officer1:(Passengers looking on, Officer 2 jumps in after this): "You realize you are in MY country? This is not a valid form of ID. Drivers license allows you to drive. This does not constitute a valid immigration document"

    (They talk)

    Officer 1: "Are these valid?"
    Me: "Yes"
    Officer 1: "Are you sure? Because I'm going to call up someone to check your immigration record. What Visa are you on?"
    Me: "F-1?"
    Officer 1: Name?
    Me: I tell him.

    He calls someone up, finds out, checks my status and returns my ID.

    And then Officer 2 goes on this really crappy speech which went like - "Now, I hope you realize that we at the United states have many welcome visitors from all over the world...Blah blah.. you just need to carry your Passport with you wherever you go".

    Not sure if this is the fabled "good-cop, bad-cop", but damn I was so pissed at the end of it all. I almost wanted to say I want a lawyer, but we were on a vacation, long weekend, didn't want to ruin everything :(

    Damn, I miss India now.



    I work at El centro, CA. Its right on the border with Mexico abt 30-40 miles I guess. Each time the immigration officer stops me w/o fail & checks for my papers. Law is I guess, if you are traveling from 40 miles of US border with Canada/Mexico, you need to carry immigration papers.





    aristotle
    07-18 03:11 AM
    Can all the July 2nd filers update this thread if

    - you have your application rejected and returned.
    OR
    - you get a receipt number or have your check cashed.

    Please login and subscribe to this thread.





    ashwin_27
    02-08 05:32 PM
    I have lived in VA before and know how much of a mess it can be to commute between VA and DC.

    However, for this specific event, would local members or those who have had experience attending advocacy days last year recommend to solely use public transport to get to the DC/Cap Hill area or would renting a car be of any help. I was thinking of just renting a car to just get from airport to place of stay and then use public transport on Mon/Tue to get to DC.
    LOOK FORWARD TO SUGGESTIONS as I need to plan my travel.



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