logiclife
12-20 05:50 PM
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
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grinch
03-09 07:22 PM
entries due tomorrow, and I don't know what I'm gona do with mine. I want to fix so much, but theres no time, I'll get my final render in tomorrow
webm
05-28 03:40 PM
Congrats!! damialok
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sku
01-22 11:05 AM
Nice definition for happiness for American, Japenese , So what about definition of happiness for Indian , Is it GC ? :):)
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yabayaba
08-11 02:57 PM
Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
It would be better to run a campaign thro IV, need input from the IV leadership.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
It would be better to run a campaign thro IV, need input from the IV leadership.
kumar1
03-16 05:56 PM
I am impressed to see that our buddy Infinite_Patience_GC is not using F** words today. Good job!
Infinite_Patience_GC,
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
Infinite_Patience_GC,
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
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kutra
07-21 10:03 AM
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.
You are correct. Unfortuantely, they are not looking for these "ripe" or "low hanging fruits" cases in a FIFO order. It can be highly exasperating when a "ripe" case with a March 2006 PD gets approved when "ripe" cases with PDs earlier than 2003 are languishing! That really makes the whole system even more unjust.
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.
You are correct. Unfortuantely, they are not looking for these "ripe" or "low hanging fruits" cases in a FIFO order. It can be highly exasperating when a "ripe" case with a March 2006 PD gets approved when "ripe" cases with PDs earlier than 2003 are languishing! That really makes the whole system even more unjust.
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angelfire76
02-13 09:28 PM
Dude you pay taxes for all the facilities that you are enjoying in this country.... nothing is free here.
We are not eligible for unemployment, Medicare, Social security benefits, in-state tuition (have to verify this), Federal student aid and many more available to GC holders and US Citizens. As far as infrastructure is concerned, it's minimal at best with little to no public transport in most cities (unlike Europe). As IRS doesn't distinguish between citizens and non-citizens we pay the same amount of taxes, but see very little benefit from them.
Can you update your profile or are you one of those FB guys who troll here to give us crap? :rolleyes:
We are not eligible for unemployment, Medicare, Social security benefits, in-state tuition (have to verify this), Federal student aid and many more available to GC holders and US Citizens. As far as infrastructure is concerned, it's minimal at best with little to no public transport in most cities (unlike Europe). As IRS doesn't distinguish between citizens and non-citizens we pay the same amount of taxes, but see very little benefit from them.
Can you update your profile or are you one of those FB guys who troll here to give us crap? :rolleyes:
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PresidentO
02-03 05:07 PM
So naive of you to think that Senator-elect (Is she sworn in yet?) Gillibrand would be the person to do this. She is already labeled a flip flopper for courting hispanic groups.
AFAIK, The 8 year wait time she was referring to was not EB wait times. That was posted here on IV, discussed and proved that she was talking in general. Actions speak louder than talk. Talk is free, action is risk for politicians.
Good luck!
AFAIK, The 8 year wait time she was referring to was not EB wait times. That was posted here on IV, discussed and proved that she was talking in general. Actions speak louder than talk. Talk is free, action is risk for politicians.
Good luck!
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boreal
12-28 02:35 PM
I just got my I140 approved. Waiting for 485 visa number to become avaiable. Have an offer of a better paying job in a bigger company. Can I switch Company and still carry the PD from the LC/I140 of the previous employer?
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused:
You can only carry the PD, provided that the current I140 is not revoked. (provided it is not cancelled either due to mis-representation). You would have to restart from scratch with the LC though. You would be losing the time that has already been spent on LC/140 obviously.
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused:
You can only carry the PD, provided that the current I140 is not revoked. (provided it is not cancelled either due to mis-representation). You would have to restart from scratch with the LC though. You would be losing the time that has already been spent on LC/140 obviously.
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amsgc
03-16 05:40 PM
Well, the fuss is not just about the wait - it about the seemingly interminable wait. Why should there be a wait of 5-6 years to get a green card, when you can get EAD in less than 3 months, or a visa to work in less than 2 weeks?
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
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jonty_11
07-11 04:20 PM
There is a lot of hurtburn among folks here abt a lot of things...Does that mean USCIS is going to cater to every case of heartburn. I dont think so.
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nojoke
10-20 11:55 AM
He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?
Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.
Give me an ad like "he is palling around with ...". Or "he is teaching sex for babies..." or..
I can go on. Obama has highlighted healthcare policy differences. That is not negative ad. The only negative ad I have seen is " he is erratic.."
Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.
Give me an ad like "he is palling around with ...". Or "he is teaching sex for babies..." or..
I can go on. Obama has highlighted healthcare policy differences. That is not negative ad. The only negative ad I have seen is " he is erratic.."
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abcdefgh
01-16 12:00 PM
pls update your profile so that we can confirm.
I just updated the profile. Could you please confirm?
Sorry about making a commitment for only @ 20.00.
Thanks again for all the effort done by IV Core.
I just updated the profile. Could you please confirm?
Sorry about making a commitment for only @ 20.00.
Thanks again for all the effort done by IV Core.
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zuhail
04-11 01:23 AM
A very useful piece of information has been brought to our attention by shiankuraaf.
Thank you very much!
http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm
Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008
http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004
Employment-based preferences (Total Number)
Year QUOTA ISSUED Unused/Excessively used
1986 140000 56617 83383
1987 140000 57519 82481
1988 140000 58727 81273
1989 140000 57741 82259
1990 140000 58192 81808
1991 140000 59525 80475
1992 140000 116198 23802
1993 140000 147012 -7012
1994 140000 123291 16709
1995 140000 85336 54664
1996 140000 117499 22501
1997 140000 90607 49393
1998 140000 77517 62483
1999 140000 56678 83322
2000 140000 106642 33358
2001 140000 178702 -38702
2002 140000 173814 -33814
2003 140000 81727 58273
2004 140000 155330 -15330
2005 140000 246877 -106877
2006 140000 159081 -19081
2007 140000 162176 -22176
2008 140000 166511 -26511
Sum total of the differences from 1986 to 2008: 626,681. Vow!!!
So when looked between the period of 1986 and 2008,
there were a total of 626,681 un-used visa numbers that can be re-captured.
This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
Does anybody know how to verify this important assumption online --a link to a gov website perhaps?
It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
what were the criteria for visa number usage prior to the existence of the law.
Thank you very much!
http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm
Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008
http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004
Employment-based preferences (Total Number)
Year QUOTA ISSUED Unused/Excessively used
1986 140000 56617 83383
1987 140000 57519 82481
1988 140000 58727 81273
1989 140000 57741 82259
1990 140000 58192 81808
1991 140000 59525 80475
1992 140000 116198 23802
1993 140000 147012 -7012
1994 140000 123291 16709
1995 140000 85336 54664
1996 140000 117499 22501
1997 140000 90607 49393
1998 140000 77517 62483
1999 140000 56678 83322
2000 140000 106642 33358
2001 140000 178702 -38702
2002 140000 173814 -33814
2003 140000 81727 58273
2004 140000 155330 -15330
2005 140000 246877 -106877
2006 140000 159081 -19081
2007 140000 162176 -22176
2008 140000 166511 -26511
Sum total of the differences from 1986 to 2008: 626,681. Vow!!!
So when looked between the period of 1986 and 2008,
there were a total of 626,681 un-used visa numbers that can be re-captured.
This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
Does anybody know how to verify this important assumption online --a link to a gov website perhaps?
It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
what were the criteria for visa number usage prior to the existence of the law.
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Aah_GC
12-12 03:01 PM
Great point -- never thought of it this way before.
addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.
America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.
Once again, only grown ups are requested to reply. Thank you.
addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.
America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.
Once again, only grown ups are requested to reply. Thank you.
more...
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msgrewal81
02-18 04:16 PM
1 - It will grant GC to people with > 5 years in US
2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
Please add your views about this bill, how it might be improved and its chances of becoming a law.
P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.
2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
Please add your views about this bill, how it might be improved and its chances of becoming a law.
P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.
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mirage
02-04 09:56 AM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time it could be few days in Washington!! please PM me.
Again we are not creating any organization or anything, we are not going against IV's agenda. This is also a part of IV's agenda, but for now our sole agenda will be to bring a 2 line bill to remove country quota or increase the country cap(whichever can fly).
PS : For EB-3 India, unless country cap is removed or increased, you can presume you GC application dead forever...For EB-2 India It'll be a long journey for people with PDs sooner than 2005...
Thanks
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time it could be few days in Washington!! please PM me.
Again we are not creating any organization or anything, we are not going against IV's agenda. This is also a part of IV's agenda, but for now our sole agenda will be to bring a 2 line bill to remove country quota or increase the country cap(whichever can fly).
PS : For EB-3 India, unless country cap is removed or increased, you can presume you GC application dead forever...For EB-2 India It'll be a long journey for people with PDs sooner than 2005...
Thanks
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masouds
02-16 12:18 PM
On one side you are praising the bigotry of 1940's and racism and on the other hand talking unity. I am sure you are are looser in your life and now Indians and Chinese are your targets since you don't know the meaning of competition. I am not going to waste my time as I am not even sure who planted you here. If you are really not a non-immigrant phony, please state your contribution to the IV efforts. Otherwise we don't need a racist punk like you. Now get off my back:mad:
I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.
I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.
boreal
07-12 06:00 PM
the current 485 processing dates for both NSC and TSC are in July'07.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.
Are you sure about this? That means USCIS has been doing the pre-adjudication for applications whose PD was not current?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.
Are you sure about this? That means USCIS has been doing the pre-adjudication for applications whose PD was not current?
abracadabra102
07-14 05:18 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Consult immigration attorney immediately (Murthy, Khanna etc).
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Consult immigration attorney immediately (Murthy, Khanna etc).
