Imigrait
01-30 03:39 PM
No. This is NOT what I said.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
I see your point. Thanks a lot again.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
I see your point. Thanks a lot again.
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go_gc_way
12-28 12:48 PM
For Detroit you can use http://miindia.com.
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
aps
08-09 12:20 AM
:rolleyes:I mailed my I-485 application on July30 and it is delivered on next day.
My lawyer send me the I-485 froms before the july 30, 07 y revision and i used those forms for filing. But, FAQ3 released by uscis today states that we have to use the form version dated �7/30/07 Y�. . WHAT IS THIS? Do i have to resend the application again? More over i do not see difference between these two forms.
I have copied the question from faq3. It is the first question.
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Please explain if you have any idea about this.
My lawyer send me the I-485 froms before the july 30, 07 y revision and i used those forms for filing. But, FAQ3 released by uscis today states that we have to use the form version dated �7/30/07 Y�. . WHAT IS THIS? Do i have to resend the application again? More over i do not see difference between these two forms.
I have copied the question from faq3. It is the first question.
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Please explain if you have any idea about this.
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shantak
03-17 11:24 AM
PD: March 2005
India
I140 approved
No FP yet
I-485 July
EAD and FP approved
India
I140 approved
No FP yet
I-485 July
EAD and FP approved
more...
anilsal
12-12 03:40 PM
Here is an article that has some info on the non-ability to file 485.
http://www.visapro.com/Immigration-Articles/?a=327&z=63
But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.
http://www.visapro.com/Immigration-Articles/?a=327&z=63
But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.
vkannan
06-08 06:46 PM
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
more...
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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gc_on_demand
11-14 10:52 AM
Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
If you are from california plz make a call. Or if you know some one have him/her call to her office.
We need to keep moving ahead on this one.
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
If you are from california plz make a call. Or if you know some one have him/her call to her office.
We need to keep moving ahead on this one.
more...
sands_14
06-30 06:48 AM
I am writing on original.But entries finished.Where should I write as I have 8entries instead of 6
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akhilmahajan
09-26 10:45 AM
There is a non-profit organization (like Business & Media Institute (http://www.businessandmedia.org/about/about.aspx)) that reports on wrong media reports. They have lot of reports on Lou Dobbs.
The details were posted in one of the many Lou Dobbs Threads. I can not find it.
If anyone can find it please post details of the organization and send email to this organization also.
Misrepresentation of facts regarding the recent rally in Washington DC. The rally was about increasing the number of Green Cards, and not H1-Bs. This reporter - Eileen Zimmermann has clearly gotten the two distinct issues mixed up.
The intent of the rally was to garner support and highlight the inefficiencies in the immigrant visa(also known as green card) process. This is different from the H-1B issue.. H-1B is a highly-skilled temporary work visa.
I ask that CNN must immediately issue a correction to this article to reflect the correct information.
Please call with any questions,
{Name}
{Phone Number}
The details were posted in one of the many Lou Dobbs Threads. I can not find it.
If anyone can find it please post details of the organization and send email to this organization also.
Misrepresentation of facts regarding the recent rally in Washington DC. The rally was about increasing the number of Green Cards, and not H1-Bs. This reporter - Eileen Zimmermann has clearly gotten the two distinct issues mixed up.
The intent of the rally was to garner support and highlight the inefficiencies in the immigrant visa(also known as green card) process. This is different from the H-1B issue.. H-1B is a highly-skilled temporary work visa.
I ask that CNN must immediately issue a correction to this article to reflect the correct information.
Please call with any questions,
{Name}
{Phone Number}
more...
Legal
07-04 09:17 PM
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
In their "normal" pace they would be giving finishing touches and slowly releasing them over the course of next 12 months! Do you agree?
But they worked overnight and weekend to finish up and deny benefits to the July filers? Therein lies the problem. what do you think?
In their "normal" pace they would be giving finishing touches and slowly releasing them over the course of next 12 months! Do you agree?
But they worked overnight and weekend to finish up and deny benefits to the July filers? Therein lies the problem. what do you think?
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amitpan007
06-06 11:54 AM
After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.
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logiclife
01-31 02:15 PM
[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
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onemorecame
10-22 10:21 AM
Can you please post your timeline here?
RFE : Sep 10 2010,
RFE Received : Oct 01 2010
RFE Repelied : Oct 07 2010
Case approved : Oct 20 2010
Hope this will help
RFE : Sep 10 2010,
RFE Received : Oct 01 2010
RFE Repelied : Oct 07 2010
Case approved : Oct 20 2010
Hope this will help
more...
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tikka
06-12 10:21 AM
Here is a link ...that does talk about issues related to legal immigration ...IV is also mentioned in this article
http://www.ibnlive.com/news/world/06_2007/bush-gives-indian-immigrants-hope-42746.html
Thank you
http://www.ibnlive.com/news/world/06_2007/bush-gives-indian-immigrants-hope-42746.html
Thank you
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ssingh92
02-18 08:17 PM
I dont think it will be passed. They included so many things initially. After discussion they will drop the thing one after another.
There are two sections related to us.
TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
TITLE VII--EMPLOYMENT-BASED IMMIGRATION
If this bill passed then it will create one grand huge backlog for all countries and for all category of immigration. WHY?? Because for Title V they will ask for proof and then again finger printing for FBI check and I dont know home many paper work. If they simply increase the GC #s it will work for us. We already have completed the paper work and standing in Q.
There are two sections related to us.
TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
TITLE VII--EMPLOYMENT-BASED IMMIGRATION
If this bill passed then it will create one grand huge backlog for all countries and for all category of immigration. WHY?? Because for Title V they will ask for proof and then again finger printing for FBI check and I dont know home many paper work. If they simply increase the GC #s it will work for us. We already have completed the paper work and standing in Q.
more...
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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.
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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gvenkat
10-20 02:38 PM
Look, no one is saying that McCain is the savior, but at the same time, it is important for us to understand that Obama is not the light at the end of the tunnel, its the fast approaching train towards us. So, some of us are just pointing to others that be prepared for the train wreck. That does not necessarily translate into saying that McCain is the savior. It just means what it means.
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
go read my post again. what we need is change. mccain wont do that. he will go to war with iran and our problems will be in the backburner, atleast even if obama is not supportive as much as mccain is we dont need to frigging wait this long... we will either get it or not get the GC. but beofre that we need our jobs and if mcain is there.. we might not have it for long...
And you are right, none of us can vote. But if this community supports Obama, its like 300 million Americans voting for the President who works against the interest of majority of Americans. Won't we also be guided by the "misguided" ideology and rhetoric if we act in the same manner.
The irony of the situation is, we are caught between the rock and the hard place. Some of us are saying its better to stay on rocks, others are preaching that its better to be caught in the hard place. That's all.
.
go read my post again. what we need is change. mccain wont do that. he will go to war with iran and our problems will be in the backburner, atleast even if obama is not supportive as much as mccain is we dont need to frigging wait this long... we will either get it or not get the GC. but beofre that we need our jobs and if mcain is there.. we might not have it for long...
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retrohatao
02-07 10:32 AM
Admin,
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
thomachan72
11-11 09:18 AM
Surprisingly no experts have so far come and posted the problems associated with taking the legal option. I am sure it will happen anytime soon and then this thread will quiten down (just like the F### in the wind as somebody mentioned). As far as I can remember this idea has been raised and discussed and downplayed many times. Dont aks me what the reasons for downplaying were but very soon (if the thread gets bumped up frequently) some "elders" will post the reason why this action is not suitable and will not yeild any results. So hold tight for that post to come.......
sirinme
06-11 07:34 PM
Just sent.
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