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  • imneedy
    11-11 07:23 AM
    Nrc2008064584





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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.





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  • srkamath
    06-06 05:03 PM
    gcma08,

    Congratulations !. what is your priority date, and category?

    We got the "card production ordered" emails today. Here are our dates.

    Labor Approved: 10/10/2006
    I-140 AD: 11/27/2006
    I-485 RD: 07/09/2007
    EAD, AP: Sep/Oct 2007
    RFE: 11/29/2007 Responded: 12/6/2007
    LUD/AD: 6/6/2008 (Card Production Ordered)





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  • gk_2000
    06-10 04:20 PM
    Done..



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  • NWISE
    06-10 04:08 PM
    Done





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  • askbz1
    04-07 07:29 PM
    http://immigrationvoice.org/forum/showthread.php?p=332839#post332839



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  • FucTheGC
    06-06 02:44 PM
    My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.

    Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)





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  • sumansk
    04-04 11:52 AM
    Hello Guys..
    Here is the summary of the H-1 B reform bill introduced last week in Senate..

    God Bless All of 'US' !!
    http://durbin.senate.gov/record.cfm?id=271783



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  • shantanup
    11-18 10:11 AM
    Receipt number: 2008065217





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  • kavita
    12-10 07:47 PM
    don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?

    Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?

    Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much.

    Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. It is nothing but simply 'DESCRIMINATION" based on country of birth. Do we have guts to fight that??? we can only talk about some stupid solutions but have no unity, no guts and no willingness to stand up for our community.


    I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
    The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.



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  • 485Mbe4001
    06-08 11:57 AM
    I would agree with the others that name check is a black hole. I had contacted congressman and senators during 'meet the lawmakers', but my contact at the congressmans office said that there is nothing that he can do to help me expediate the name check.

    After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.

    There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
    FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006


    http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf


    I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.





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  • coopheal
    03-12 12:19 PM
    First of all I don't know who sachbole is ?

    I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.

    That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.

    It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.

    If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.

    Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.


    IV does not want your money. Its not asking for Charity.

    IV is working on getting relief for people stuck in EB green card mess. If you would like something done in this regards contribute money, time and efforts to IV.



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  • ek_bechara
    10-15 03:25 PM
    I propose Non Co-operation Movement for another flower campaign. I know art imitates life and life imitates art etc. But imitates again and again irritates.

    Looks like you have a plan here. Yep.. lets go ahead and irritate the hell out of USCIS and every agency out there.

    I'm out of here guys

    All the best..





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  • dish
    07-02 09:59 AM
    Is Green Card numbers allocated beginning of every quarter. USCIS Fiscal year runs from october 1st to sept 30th.So for July being the start 4th quarter of the FY 07 shouldn't USCIS be allocating visa numbers in JULY. They cannot use up all the visa numbers for the FY 07 before july, Am I right ?

    Supposing USCIS retrogresses PDs to 2001 or 2002, why not we push more for grabbing the wasted Green Card numbers in the prior years.



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  • nixstor
    07-05 12:27 PM
    So many more places to go to on the internet and get free info and free forums to post on that making this one a paid members only forum would ensure you and a handful of others like you will be best friends posting and viewing on here by yourselves. At least it'll last for a couple of years, you know, longer than a western marriage because you're bound to be waiting considering the USCIS snail work pace. This forum should stay free so everyone can have access to it and be able to communicate with others in similar situations. If one feels like they can/want to contribute for whatever reason, it should be of their own choosing. I just joined so I don't have that sense of gratefulness that longer term posters have but I can see how that could change after being here for a while.

    I agree that you can get free information any where on the internet. But what about the main goal of getting funds? Do we care about the main agenda behind this website? Are we doing any thing to do our part by contributing? You only get very succinct info on murthy chat and khanna phone calls. You might get more info on their fourms. They are running those forums not only for community sake but also to get "invaluable" publicity that makes them "the name" in immigration. I got an answer on Murthy forum/Khanna forum indirectly translates into name/fame for the attorneys, which means more business for them. I got an answer on IV neither directly nor inidrectly translates into what??? Nothing.. As long as we tell ourselves that we get info for free, google is our friend, We are just substantiating our thoughts on "How NOT to pay". Nothing else.





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  • gbarquero
    09-13 11:52 AM
    Everyone bring U.S. flags if you can!!! (ONLY U.S. Flags - thanks!!!)

    I think this is very important, I asked in the past about it but I got no answer.
    It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?



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  • harish
    05-29 10:05 PM
    Here is a cross-reference to my other post with the case updates...http://immigrationvoice.org/forum/showpost.php?p=249686&postcount=85.

    Received our cards today!

    Good luck to the rest of you waiting on your approvals!





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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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  • pbuckeye
    02-12 08:54 AM
    Folks,

    lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.

    - correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".

    We have established that there is no document to support this but can we find out if this assumption can be true?





    zen
    04-06 09:33 PM
    good post ek_bechara!
    ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
    !
    The problem with what you say is that if it happens to you then it is too LATE !!
    but I agree we need to wait for verification ....I guess if this is very common or becomes common ..they you will see such reports on lawyers websites saying that this is happening to their clients





    bostonqa
    04-24 01:33 PM
    I also got my "Card production ordered" status few days back.

    however I also received a mail for biometrics appointment of 05/02?

    the biometrics letter date is 4/14 and my "Card production" status change was on 04/21.

    why would they send me a biometrics appointment and then approve my 485 and issue me a GC? is this common?

    should I still go for the biometrics appointment or just ignore it, I'm assuming that i'd have my physical GC in had before 05/02

    ---------------------------------------------
    PD - JULY 2003 EB2 RIR
    Concurrent I-140/I-485: No (I-140 Approved Earlier)
    Mailed From State: MA
    Mailed to (state NSC/TSC): NSC
    Received at (state NSC/TSC): NSC
    Transferred to TSC (state Yes/No): Yes
    485 Receipt Date : June 14th 2007
    485 Notice Date : July 2nd 2007
    MY FP Completed : 08/02
    485 LUD - 08/02, 08/02



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