ramus
07-05 03:58 PM
Thank you.. IV appreciate your help.. I wish we get more new members like you.
Hi,
I joined for recurring $50 per month. I will ask all my friends to do the same.
I believe IV is the only forum/organazation concerned about our cause. Everybody else thinks immigration issue is just about illegal aliens. IV highlights the real issue, legal immigration.
dupedinjuly
Hi,
I joined for recurring $50 per month. I will ask all my friends to do the same.
I believe IV is the only forum/organazation concerned about our cause. Everybody else thinks immigration issue is just about illegal aliens. IV highlights the real issue, legal immigration.
dupedinjuly
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sripk
03-22 07:22 PM
I am from bay area, CA and would like to travel to DC to participate in the advocacy effort! If there is a group traveling from here, I want to get in touch with you. Please let me know. Thanks!
monkeyman
09-27 10:28 AM
I have worked in France and Belgium for a little over an year and this is my personal experience - the work environment at that time 2000 - 01 was alright. However, I had to struggle with language barriers and worse of all - the keyboard barriers. The standards in IT industry were very very different and though it was an experience, the learning curve was huge. Personally, I would much rather prefer to be in US or better still in UAE I'd think.
Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!
Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!
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go_gc_way
12-30 11:25 PM
justAnotherFile , thank you for taking time to post it. Good title for the classified. "Help yourself to solve your Green Card problems..."
Anurakt, thank you for visiting this thread and posting in wikipedia !
Dear IV members, we need to do more. Thanks so far for visiting this thread and doing your best. I feel that posting classifieds/emails/discussion threads in other web sites (regional or other websites) have good chance of bringing in more members to our web site.
For example , the classified in indiagrid is accessed 35 times so far ! Wikipedia and other web site postings will have similar access.
Looking forward to contribution from other members to this thread.
I have listed different web sites posted by city so far, they are less, can members from cities not posted yet help find the web sites and better post in thsoe sites? The title justanotherfile posted is most appropriate .. "Help yourself to solve your Green Card problems".
1)New York .
2)Los Angeles
3)Chicago .....................www.chicagosamachar.com
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego ................. www.sasural.com/san_diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston ...................... www.aapkamanoranjan.com
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland .....................www.eknazar.com
31)Oklahoma City
32)Tuscon
33) Atlanta ...................www.desigate.com,
34) Kanasas City ..............www.kcdesi.com
Anurakt, thank you for visiting this thread and posting in wikipedia !
Dear IV members, we need to do more. Thanks so far for visiting this thread and doing your best. I feel that posting classifieds/emails/discussion threads in other web sites (regional or other websites) have good chance of bringing in more members to our web site.
For example , the classified in indiagrid is accessed 35 times so far ! Wikipedia and other web site postings will have similar access.
Looking forward to contribution from other members to this thread.
I have listed different web sites posted by city so far, they are less, can members from cities not posted yet help find the web sites and better post in thsoe sites? The title justanotherfile posted is most appropriate .. "Help yourself to solve your Green Card problems".
1)New York .
2)Los Angeles
3)Chicago .....................www.chicagosamachar.com
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego ................. www.sasural.com/san_diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston ...................... www.aapkamanoranjan.com
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland .....................www.eknazar.com
31)Oklahoma City
32)Tuscon
33) Atlanta ...................www.desigate.com,
34) Kanasas City ..............www.kcdesi.com
more...
thecipher5
10-13 11:21 AM
feedfront, the receipt date on my I-485 receipt notice is October 5, 2007.
My attorney had inquired with USCIS but hasn't received any response. As I mentioned earlier neither a SR, senator/congressman inquiry has helped!
I'd also send an email to NSC but got an generic message.
How can I write to USCIS director?
thank you!
thecipher5
Do you have attorney? It will be better if he/she write letter for status of the case. I had RFE in last year (around summer'09). My PD was current since Aug, but no change in the status or specific response (tried congressman, senator, SR). But, I got new RFE (medical report required) when my attorney contacted them. I don't know what triggered it, but my attorney contacted USCIS last (after I did not get any specific info from other sources).
You can write to USCIS director. Someone here in this forum wrote to director, when he did not get any progress on his SR.
What's your receipt date? I heard that they are using receipt date. I know couple of people (including myself) whose application was picked (or generated RFE) matched the pattern of receipt date not PD.
My attorney had inquired with USCIS but hasn't received any response. As I mentioned earlier neither a SR, senator/congressman inquiry has helped!
I'd also send an email to NSC but got an generic message.
How can I write to USCIS director?
thank you!
thecipher5
Do you have attorney? It will be better if he/she write letter for status of the case. I had RFE in last year (around summer'09). My PD was current since Aug, but no change in the status or specific response (tried congressman, senator, SR). But, I got new RFE (medical report required) when my attorney contacted them. I don't know what triggered it, but my attorney contacted USCIS last (after I did not get any specific info from other sources).
You can write to USCIS director. Someone here in this forum wrote to director, when he did not get any progress on his SR.
What's your receipt date? I heard that they are using receipt date. I know couple of people (including myself) whose application was picked (or generated RFE) matched the pattern of receipt date not PD.
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?
Did you guys meet?
more...
nojoke
09-17 09:51 PM
Oh my God, i am screwed, end of the world, life sucks, dont know what to do, i am crying, i am bleeding, screaming, God, superpower help meeeee, save meeee
Get a life dude, you werent born thinking america
If you don't like my rant stop reading it. What the hell is 'born thinking america'. Why do you rant about GC then? Why do you care being on this board? You go get a life. I never compelled to comment on my rant? Did I? You must have gone crazy
Get a life dude, you werent born thinking america
If you don't like my rant stop reading it. What the hell is 'born thinking america'. Why do you rant about GC then? Why do you care being on this board? You go get a life. I never compelled to comment on my rant? Did I? You must have gone crazy
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Jaime
09-10 04:04 PM
Letter for Intl Student Associations
Dear International Student Friend:
You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that
you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments
and look forward to welcoming you in the real world as your friends and
colleagues.
However, we wanted to make you aware of a grim reality that you will surely
face in the coming months. Immigration visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have
heard rumors, but the truth of the matter is that most likely you will have to
face years of waiting for an immigrant visa to be approved. This in turn will
restrict your growth within an organization and at the same time prevent you
from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process
of developing one of the most comprehensive grassroots organizations dedicated
to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.
Our organization cuts across nationalities, job categories and pay scales. Even
if you are finishing up your MBA from Harvard, it is likely that you will be
impacted by the current immigration backlog. We are completely committed to
securing a more transparent, predictable and fair immigration system. We ask you
to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.
Regards,
Your friends at
Immigration Voice
Great letter! Have we sent it yet??? The only thing I would change is "Immigration" visas to "Immigrant" visas
Dear International Student Friend:
You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that
you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments
and look forward to welcoming you in the real world as your friends and
colleagues.
However, we wanted to make you aware of a grim reality that you will surely
face in the coming months. Immigration visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have
heard rumors, but the truth of the matter is that most likely you will have to
face years of waiting for an immigrant visa to be approved. This in turn will
restrict your growth within an organization and at the same time prevent you
from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process
of developing one of the most comprehensive grassroots organizations dedicated
to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.
Our organization cuts across nationalities, job categories and pay scales. Even
if you are finishing up your MBA from Harvard, it is likely that you will be
impacted by the current immigration backlog. We are completely committed to
securing a more transparent, predictable and fair immigration system. We ask you
to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.
Regards,
Your friends at
Immigration Voice
Great letter! Have we sent it yet??? The only thing I would change is "Immigration" visas to "Immigrant" visas
more...
Eternal_Hope
03-09 10:55 PM
Sri, I appreciate your enthusiasm and spirits. in my view, unless something comes from the IV core ..nothing will happen. people in this forum are too diverse and independent and hence they need strong leadership. and for some reason (we can only speculate),, all that we have from the core is silence
I partially agree with both you and Sri - while it is true that I have not (recently) written to the lawmakers, and more often than not I vent my frustration here - especially each time the visa bulletin appears and then tend to go on with my life, I have in the past written, telephoned, faxed to lawmakers. Over the past 2 years I have seen bills come and go. I am at a stage now where I have almost resigned to the fact that maybe there is not much that we can do - especially given the low level of participation from members here at IV.
I also feel that it is time younger members (freshers blood) takes on leadership roles here. IV is a forum which provides the opportunity for enthusiastic people to just go ahead and organize any drive they feel will work. IV leadership will not object, as long as the drive is tasteful and is within all parameters of decency.
As for older and tired people like us.... we will gladly follow the leaders and assist in any way possible.
I partially agree with both you and Sri - while it is true that I have not (recently) written to the lawmakers, and more often than not I vent my frustration here - especially each time the visa bulletin appears and then tend to go on with my life, I have in the past written, telephoned, faxed to lawmakers. Over the past 2 years I have seen bills come and go. I am at a stage now where I have almost resigned to the fact that maybe there is not much that we can do - especially given the low level of participation from members here at IV.
I also feel that it is time younger members (freshers blood) takes on leadership roles here. IV is a forum which provides the opportunity for enthusiastic people to just go ahead and organize any drive they feel will work. IV leadership will not object, as long as the drive is tasteful and is within all parameters of decency.
As for older and tired people like us.... we will gladly follow the leaders and assist in any way possible.
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Jaime
09-10 11:38 AM
EVERY IV member should be planning to attend the rally!!! This is a historic opportunity. There is already buzz in the news and our past actions have made people take notice! Congress will be able to do something this Fall, but not after that due to the presidential campaigns. THEY WILL ONLY ACT IF WE SPEAK UP! That is the American way! If you really want to remain in America then you need to act like an American! We will act American by attending the rally and SPEAK UP! We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE
more...
akhilmahajan
03-09 08:33 PM
When u say Efile, do u have to send any paperwork.
Also, everytime we renew EAD, so we need to go for Fingerprinting.
As far as i understood, FP is good for 15 months.
Thanks.
Also, everytime we renew EAD, so we need to go for Fingerprinting.
As far as i understood, FP is good for 15 months.
Thanks.
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indianindian2006
07-14 06:06 PM
Can new company file amendmend to existing I-140...
The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..
My question to gurus is-Will he be ok if his new company amend the I140.
Your case is a case of Successor in interest, his case is a case of different employer so according to me the answer is no.
The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..
My question to gurus is-Will he be ok if his new company amend the I140.
Your case is a case of Successor in interest, his case is a case of different employer so according to me the answer is no.
more...
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varshadas
12-19 09:26 AM
Conference Details
Date: Wednesday, December 20, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 22558
Date: Wednesday, December 20, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 22558
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WeldonSprings
10-17 11:58 AM
USCIS NSC and TSC is cutting the line in approval of I-140 aplications and is not following First In First Out policy.
This affects not only the I-140 applications, but pending I-485 (EB-2) applications too.
USCIS NSC and TSC is approving I-140 applications for EB-1 and EB-2 ROW cases filed six months ago, and letting them go ahead and grab the coveted visa number.
However, they are not approving EB-2 India and China I-140 applications, because of non-availability of visa numbers.
This is causing an issue with the horizontal spill-over effect as described in the Immigration and Nationality Act.
EB-2 India and China waiting patiently since 2004 should have gotten those visa numbers via spill-over effect, not used by Rest of World, if USCIS had not approved their I-140 application, since they joined the line after the EB-2 India and China folks. This is blatant misjudgment and misorganization.
Please refer to immigration-law.com for full message, but here is the part of it:
The I-140 petitions have been experiencing a significant dely and witnessed a irregular pattern in processing times between the stand-alone I-140 filing cases and the I-140/I-485 concurrently filed cases. Here are some questions and answered which are revealed in the USCIS National Stakeholder Meeting on September 30, 2008:
Question: In TSC and NSC, there is dramatic delay for last July/August concurrently filed I-140. At the same time, TSC quickly approved many non-concurrently filed I-140 with application mailing dates later than last August and even in 2008. So far, the average waiting time for concurrent filers > 300 days and for non-concurrent is around 80 days, according to some voluntary tracking data. Is that delay caused by the Plus Pilot program installed in TSC in Feb 2008, under which the entire I-140 and I-485 package is reviewed by one officer? If so, does that mean I-140s won't be processed and approved until the petitioner's Priority Date becomes Current? A delay of processing, and then denial, in I-140 adjudication could cause serious could cause serious problems for I-485 portability.
Response: Visa availability has been the primary focus at the Texas Service Center and the Nebraska Service Center for concurrent filings and stand alone I-485s. In recent weeks, we have identified I-140 petitions that have been held up because of visas are not available. These filings are placed in the workflow by I-140 processing date within the range of those that were processed after having been filed independent of an adjustment application. The instance of delayed I-140 adjudication should decrease significantly. Petitions that are outside of the posted processing dates can be raised to our attention through the 1 800 customer service number. Officers in the Call Centers will issue a service request if a call about the status of an application is received one day beyond the processing time listed on the website.
This affects not only the I-140 applications, but pending I-485 (EB-2) applications too.
USCIS NSC and TSC is approving I-140 applications for EB-1 and EB-2 ROW cases filed six months ago, and letting them go ahead and grab the coveted visa number.
However, they are not approving EB-2 India and China I-140 applications, because of non-availability of visa numbers.
This is causing an issue with the horizontal spill-over effect as described in the Immigration and Nationality Act.
EB-2 India and China waiting patiently since 2004 should have gotten those visa numbers via spill-over effect, not used by Rest of World, if USCIS had not approved their I-140 application, since they joined the line after the EB-2 India and China folks. This is blatant misjudgment and misorganization.
Please refer to immigration-law.com for full message, but here is the part of it:
The I-140 petitions have been experiencing a significant dely and witnessed a irregular pattern in processing times between the stand-alone I-140 filing cases and the I-140/I-485 concurrently filed cases. Here are some questions and answered which are revealed in the USCIS National Stakeholder Meeting on September 30, 2008:
Question: In TSC and NSC, there is dramatic delay for last July/August concurrently filed I-140. At the same time, TSC quickly approved many non-concurrently filed I-140 with application mailing dates later than last August and even in 2008. So far, the average waiting time for concurrent filers > 300 days and for non-concurrent is around 80 days, according to some voluntary tracking data. Is that delay caused by the Plus Pilot program installed in TSC in Feb 2008, under which the entire I-140 and I-485 package is reviewed by one officer? If so, does that mean I-140s won't be processed and approved until the petitioner's Priority Date becomes Current? A delay of processing, and then denial, in I-140 adjudication could cause serious could cause serious problems for I-485 portability.
Response: Visa availability has been the primary focus at the Texas Service Center and the Nebraska Service Center for concurrent filings and stand alone I-485s. In recent weeks, we have identified I-140 petitions that have been held up because of visas are not available. These filings are placed in the workflow by I-140 processing date within the range of those that were processed after having been filed independent of an adjustment application. The instance of delayed I-140 adjudication should decrease significantly. Petitions that are outside of the posted processing dates can be raised to our attention through the 1 800 customer service number. Officers in the Call Centers will issue a service request if a call about the status of an application is received one day beyond the processing time listed on the website.
more...
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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.
[/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.
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tushar123
02-13 09:20 PM
Dude you pay taxes for all the facilities that you are enjoying in this country.... nothing is free here.
No one asked anyone to come to this country. But when we came here few years back, we were told that there are set of procedures in place to get green card. Congress never intended to make people for 10 years to get their green cards. So no one asked us that wait for 10 years either. But we paid taxes for all those 10 years. And my tax $$$, government has decided to bailout banks telling them not to hire me. Again, no one asked me how they will spend my tax $$$ just like no one asked me to come to this country.
Sense of entitlement comes from sense of connection and sense of what we deserve. I am entitled to permanent residency because my wife and I have paid around 1/2 million in taxes in last 10 years, more than 99% of ALL AMERICAN FAMILIES. So don't tell us what we are entitled and what we are not entitled for, because that's ridiculous.
.
No one asked anyone to come to this country. But when we came here few years back, we were told that there are set of procedures in place to get green card. Congress never intended to make people for 10 years to get their green cards. So no one asked us that wait for 10 years either. But we paid taxes for all those 10 years. And my tax $$$, government has decided to bailout banks telling them not to hire me. Again, no one asked me how they will spend my tax $$$ just like no one asked me to come to this country.
Sense of entitlement comes from sense of connection and sense of what we deserve. I am entitled to permanent residency because my wife and I have paid around 1/2 million in taxes in last 10 years, more than 99% of ALL AMERICAN FAMILIES. So don't tell us what we are entitled and what we are not entitled for, because that's ridiculous.
.
more...
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ss_col
07-11 01:57 PM
Not to be a damper but I think theres something else thats going on and its not for the benefit of EB2. I know many people before April 04 who have not got their GC's. Anyways, lets hope for the best.
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eilsoe
02-16 05:21 PM
ok I'm in too folks... :thumb:
Already started, gettin' some ok renders so far, just need to pump up the details and figure out how to model the subway trains... :-/
Already started, gettin' some ok renders so far, just need to pump up the details and figure out how to model the subway trains... :-/
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prioritydate
12-20 07:03 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
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.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
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.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
logiclife
12-27 12:08 PM
was visiting India after 5 years..the visa on my passport expired in 2003.. no transit visa.. had the new Visa document with me though.. missed the connecting KLM flight in Amsterdam & the next available flight was the following day.. the Airline staff went through my Visa document & gave me a 24-hr transit Visa & did put me up @ a hotel outside the Airport.. 'twas a blessing in disguise as I could tick AMS off my 'to visit' list..
So you were in Amsterdam for 1 day. ;) Did you visit any of the legal hesh bars? (Just kiddin).
So you were in Amsterdam for 1 day. ;) Did you visit any of the legal hesh bars? (Just kiddin).
vinzak
11-10 10:01 PM
I think is a great idea.
From my understanding, there is a law on the books which isn't being implemented. It only follows that we go to court to ensure this law is implemented as written.
I would fully support such a measure and be willing to donate time and money for this.
I am sure various immi law associations would be willing to fight for this too.
From my understanding, there is a law on the books which isn't being implemented. It only follows that we go to court to ensure this law is implemented as written.
I would fully support such a measure and be willing to donate time and money for this.
I am sure various immi law associations would be willing to fight for this too.
