clear485
03-27 01:07 PM
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
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indio0617
04-06 11:03 AM
Wonderful Summary !
Thanks...
Thanks...
arpu31
11-17 01:03 PM
I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.
Thx
Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?
Arpu
Thx
Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?
Arpu
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pappu
01-24 11:47 AM
If there is going to be any more discussion on if IV should push for 485 or not push, moderators will close the threads. There has been enough discussion and arguements in the past over this and members are more than willing to give hundreds of ideas and opinions for free but only a few actually care to implement them or help IV with a mere $20. If you want to discuss it, go to other forums and discuss it and be an armchair strategist.
If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.
If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.
more...
Sakthisagar
10-27 12:20 PM
shiv sena is an extreme outfit and their actions should be condemned, its not a right or left issue,
Great to know, this is a revelation so you need to get more info about Fox TV, how right they are here more than this senas..
So along with Fox TV what help you are planning for all of our immigration problems?
Great to know, this is a revelation so you need to get more info about Fox TV, how right they are here more than this senas..
So along with Fox TV what help you are planning for all of our immigration problems?
gccovet
07-16 08:39 AM
Hi,
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
Only I-9 is required.
gccovet
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
Only I-9 is required.
gccovet
more...
pd_recapturing
02-27 08:47 AM
180 days are counted from RD of I-485 but its safer to count it from notice date to avoind any issues.
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GCwaitforever
06-19 05:37 PM
What?!
Translation: What is happening to young people nowadays?
Translation: What is happening to young people nowadays?
more...
kumarc123
01-15 12:17 PM
Hello All,
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
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rsayed
04-27 11:07 AM
whether the incident is true or not, IV member is trying caution everybody that all should be very careful when handing over their passport to a third person. We should be fully focused when an officer examines our passport.
Very true - you would think such things don't happen (and they probably don't) - but one should always be attentive at Airports.
Very true - you would think such things don't happen (and they probably don't) - but one should always be attentive at Airports.
more...
raydon
05-12 11:16 PM
We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.
Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.
Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.
Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?
Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.
Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.
Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?
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augustus
08-21 10:32 AM
Please see above
more...
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chandra140
10-13 01:48 PM
I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
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dvb123
02-13 01:08 PM
Kiss your green card dream goodbye
more...
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ar7165
07-20 02:57 PM
Sorry, I mistakenly wrote earlier that my I-485 is approved. It is not. It is at pending status. That's why I was wondering if I'm eligible to apply for Unemployement benefit.
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dealsnet
10-20 06:03 PM
You will not any answer for illegal matters.
What you did is illegal. Any H1B person can know H4 cannot work.
It is not the matter of ignorance.
Please see a lawyer.
Still looking for a knowledgeable response specifically to the questions asked.
What you did is illegal. Any H1B person can know H4 cannot work.
It is not the matter of ignorance.
Please see a lawyer.
Still looking for a knowledgeable response specifically to the questions asked.
more...
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mbawa2574
02-11 07:52 AM
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
IV members don't support illegal Immigration. Since you were illegal from 2002 to 2003 and overstayed on your B2 visa, we cannot help you here. Please contact an immigration attorney.
My question to you .. my lottery case priority date can be use for my eb3 case?
IV members don't support illegal Immigration. Since you were illegal from 2002 to 2003 and overstayed on your B2 visa, we cannot help you here. Please contact an immigration attorney.
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tijuanense
11-23 04:09 PM
The Real Tijuana (http://realtijuana.blogspot.com/) is a blog that began this month in order to describe Baja California from the inside. People who actually live in Tijuana address issues of local culture, medicine, cuisine, and history with the goal of making tourism less intimidating and more rewarding.
Thanks to you, Prem, we will start running items on transportation this week.
Tijuana is surprisingly peaceable in spite of the bad press.
Thanks to you, Prem, we will start running items on transportation this week.
Tijuana is surprisingly peaceable in spite of the bad press.
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Honda
09-08 11:42 PM
Freecall2India are offering totally unlimited free calls to India and 70 destinations without any registration or credit card means no obligations. Just dial the access number and you are connected, no password, PIN, security code, caller ID
HOw to use this service
1)
If you are calling from
USA dial 631-763-1059 (This is New York Number -Long Island east)
For more access numbers visit the website
2)Select the language you want to use
3) Dial the destination Number in format Country code + Destination number (e.g. �919491234567�) without 011 or 00
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Call quality may or may not be that good.It is free so we cannot complaint.
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Average call may last from 8 to 10 minutes or may be more.
http://freecall2india.com/index2.php
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India - Mumbai
India - New Delhi
India - Pune
Thank you.
HOw to use this service
1)
If you are calling from
USA dial 631-763-1059 (This is New York Number -Long Island east)
For more access numbers visit the website
2)Select the language you want to use
3) Dial the destination Number in format Country code + Destination number (e.g. �919491234567�) without 011 or 00
You call will be connected instantly without any delay or Advertisement
No ads or call delay
No Registration required at anytime.
Call quality may or may not be that good.It is free so we cannot complaint.
Things to Note
Average call may last from 8 to 10 minutes or may be more.
http://freecall2india.com/index2.php
Allowed Destinations
India - Ahmedabad
India - Bangalore
India - Calcutta
India - Chennai
India - Ernakulam
India - Hyderabad
India - Jallandhar
India - Mobile
India - Mumbai
India - New Delhi
India - Pune
Thank you.
gc_kaavaali
12-24 10:25 PM
this thread should be on top
GCBy3000
03-31 10:13 AM
You can take any number of salary hike but not different job duties than specified in the labor. No need to inform the labaor department. Because as per law you cannot have different job duties until you get your gc and max one year beyond that.
I am also stuck in the same boat. Infact, I got promoted with 16k hike and demoted in two months. My attorney got a apology letter signed by my VP for attorney records. It is that serious to change job duties.
I am also stuck in the same boat. Infact, I got promoted with 16k hike and demoted in two months. My attorney got a apology letter signed by my VP for attorney records. It is that serious to change job duties.
