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  • prioritydate
    12-20 08:59 PM
    That's just another proof. A person who accumulated more than 180 days of unlawful presense is inadmissible into the US (at least for 3 years).


    Wow! I would have gotten a shock of my life!!





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  • nixstor
    10-26 10:17 PM
    please send the link and doc.

    Please look at the first post in the thread.





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  • dummgelauft
    08-21 02:53 PM
    If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!

    If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
    As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
    If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
    I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.

    You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.
    You are telling us about this 500.0 lb obese person whom you are "caring for". Let me tell you something, USCIS does not think twice about separating babies from their mothers and wives from their husbands, if they find out that law has been broken, so, say what you want. You are here illegaly and everybody here will tell you the same thing. Get your self back in to Canada.
    Nobody FORCED you to stay here You made a choice, based on compassion on whatever. If that is still your position, then be prepared to pay the price. If you leave now, you can come visit this "family" of yours once in a while BUT if you get deported, forget it. There is 10 year ban on you and even after that, you will NOT be let in to US.

    This is the hard truth, take it or get off this forum.

    Admin, this poster should be deleted.





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  • mmrao2007
    07-14 05:15 PM
    May be you can submit AC 21 now. Just a wild guess



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  • Jaime
    09-10 12:23 PM
    You pay your taxes, abide by the law, follow all rules - And yet you are discriminated against with per country caps and with most immigrant visas going to the unlimited family members joining former illegal aliens in the U.S.





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  • GCKaIntezar
    02-02 09:34 AM
    Sorry, but I couldn't join last night's conf. call. I was out on a business work.

    Did you guys meet?



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  • kshitijnt
    08-10 03:34 PM
    Wishful thinking ?:)

    I would be happy even if they clear all cases for 2003 and half of 2004 in 2010 calendar year. (i.e. for India alone)





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  • eilsoe
    03-08 07:40 AM
    ya3, the deadline is thursday ;)

    May 10th.



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  • reddymjm
    06-03 07:15 AM
    I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
    This year I applied for H1-B and my application got selected in lottery
    Need your help in clearing my below doubts..

    1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?

    You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
    Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
    Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
    Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
    Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.

    I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
    Find more details about Aytes memorandum
    2) Is it OK to go for VISA staming before 6-Jan-08?
    You can get it stamped.

    3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
    Looks like nothing needed. u can come in asap.





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  • ss1026
    11-01 01:04 PM
    Bumping..

    I am myself curious to see more ppl respond to this vote but I think it might be better if you bump it on a high traffic day. I guess the visa bulletin issuance day is a good one



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  • amulchandra
    02-01 06:48 PM
    I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.





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  • mallu
    07-07 09:07 PM
    Today I have received my GC approval email. Dependants approval is awaited. I am in this country from Jan 2001. Good luck to all.

    No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).

    The USCIS shelf looks like : http://www.usaimmigrationattorney.com/NationalRecordsCenter.html



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  • Wendyzhu77
    07-24 12:48 PM
    I think this post is purposely composed to scare people. As a matter of fact, any 485 "might" be rejected if it is not properly filed, which has always been true for years. If you case is rejected, of course you will need to refile. So, it is absolutely normal that "some" July 2 filers "might" need to file again. Literally, this sentence is correct, but the auther intentionally uses it to imply that "ALL" will be rejected. As a matter of fact, "every day", some 485 filers will need to refile their 485 sometime later.
    Continuing on this forum with more generic title
    http://immigrationvoice.org/forum/showthread.php?t=10383

    Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

    Greg Siskind is reporting the following about July2nd rejection here
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html

    part of above post --
    USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
    USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
    For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.





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  • pappu
    12-13 01:58 PM
    Thanks Pappu for explaination. Look like this door is already close. Well let me know if I can do anything to help.
    Thanks. I appreciate your enthusiasm and seveal other members on this thread. Pls help us in the action items listed by IV so that we can be well prepared to undertake any campaign early next year. Let me tell you, the campaign like last week will happen again because IV will keep pushing through every crack in the door until our goal is achieved. At such times we need to have enough membership muscle, financial capability to sustain and execute the effort. All this is not built in one day but during times like this when DC is quiet.



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  • GreenLantern
    02-16 07:37 PM
    Very nice. :thumb: :thumb: (Two thumbs up)





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  • ashatara78
    03-10 04:38 PM
    The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    I have no comments about comparison of family vs EB but the EB immigration system was not find before then. I have friends who were in this system in the late 1980s, early 1990s and had huge problems - had to wait a long time, could not switch jobs, could not visit back home for sibling's weddings etc.

    It was probably fine during the Clinton administration for a few years 1996-1999 but I only know of a few cases, not many.



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  • desi3933
    01-30 02:35 PM
    I dont get it, u r a EB3- india (ur profile says that) with SEp 05 PD and you got an RFE on 485? Cos, i know uscis did not even touch eb3 india with any PD of even 2002. something is not right?


    Incorrect! This is just a myth. I-485 RFE can be issued and it can be denied when PD is not current.

    Read on my post on same thread
    http://immigrationvoice.org/forum/showpost.php?p=313977&postcount=14





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  • harish
    05-21 11:59 AM
    Congrats,

    Thanks!

    Please keep supporting IV


    Of course...that is a no-brainer. :)





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  • vin13
    11-12 03:32 PM
    Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?


    To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.

    What if we end up getting response that there is some action needed from Lawmakers to correct law..

    just random thoughts.

    In simple math, spillover happens only when there are left overs. If they were able to allocate visas to fill the quarterly limit(say 27%) then there is no spillovers. But we know that there are leftover visa that can be allocated quarterly not annually.

    We are not 100% sure of exactly how they are allocating. At the least, this effort will help us understand the current process.





    NKR
    10-19 08:02 PM
    Question 18 should be helpful to your situation with RD.

    http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf

    Thanks, then i do not know what to make out of what is in my status "we received the case in Oct at NSC" though it was applied in Aug at TSC.

    I do hope that what is in this document is true.





    TexDBoy
    09-10 02:42 PM
    You can open real player ... then file -> open ..
    http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi



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