dilber
06-06 03:53 PM
We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
Congratulations Bothi_Tree and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
Congratulations Bothi_Tree and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours
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lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
pappu
01-17 01:43 PM
it is a slow process. This recurring contribution is a good process in long run. We will inspire our members to contribute. This will grow in to thousands eventually. Keep up the good work with our core objectives.
Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. Ultimately the onus of getting sucess is on each and every one of us. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
and start contributing today.
Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. Ultimately the onus of getting sucess is on each and every one of us. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
and start contributing today.
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thesparky007
02-17 06:15 PM
kirupa.com
uhhh, look at the post in the very first part of the thread i set up this (http://%0ahttp://www.gamedev.net/community/fo...topic_id=202348) link for a list of a bunch of 3d programs varying from free to over 5k
cool
thx man!
uhhh, look at the post in the very first part of the thread i set up this (http://%0ahttp://www.gamedev.net/community/fo...topic_id=202348) link for a list of a bunch of 3d programs varying from free to over 5k
cool
thx man!
more...
sledge_hammer
06-19 06:12 PM
What is the "period of stay form"?
abc
11-17 05:21 PM
try to move when your 6 months of any H1b year are over.
I am trying to file H1b transfer + extn through new company. I am on 6 and half years on H1.
So, i will get 18 months in new h1b. Thus, I can safely file Perm through new company and get further extensions.
I am trying to file H1b transfer + extn through new company. I am on 6 and half years on H1.
So, i will get 18 months in new h1b. Thus, I can safely file Perm through new company and get further extensions.
more...
DDD
02-16 08:41 PM
looking good eilsoe.... I wish I had time to join. Wanna give myself a modo project.
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jsb
08-11 09:21 AM
We need our messiah VLDRAO...
He s the MANNNN...
he predicted July 2007 fiasco and then he was the guy who fought for us...
VLDRAOOO where are you...
Please make dates current for everybody...
Making dates current for everybody will benefit new members (those could not file in July/Aug 07). For you with Nov 04 PD in EB2, and others waiting with I-485 filed, it will create a chaos. USCIS folks will get green to pick any file at random and issue GC's, then we all be unhappy.
They should move cutoff dates in an orderly manner without retrogressing them in the future. Retrogression pains more than no or little cutoff date movement.
He s the MANNNN...
he predicted July 2007 fiasco and then he was the guy who fought for us...
VLDRAOOO where are you...
Please make dates current for everybody...
Making dates current for everybody will benefit new members (those could not file in July/Aug 07). For you with Nov 04 PD in EB2, and others waiting with I-485 filed, it will create a chaos. USCIS folks will get green to pick any file at random and issue GC's, then we all be unhappy.
They should move cutoff dates in an orderly manner without retrogressing them in the future. Retrogression pains more than no or little cutoff date movement.
more...
rajivkane
07-20 10:42 PM
Hi!
My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)to NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.
Regards,
Raj
My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)to NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.
Regards,
Raj
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bang
03-08 10:17 PM
Please let me know who wants to travel .. i can book a ticket for you ... please reply with your details i will contact you
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DesBhakt
03-09 10:06 PM
HAHAAHA, Yu guys are still dreaming. No more egreen cards for H1Bs doesnt matter what stage you are in. You will get queries like 'when there are so many americans without jobs, why do you need immigrants?' can any company wants to respond to this query?
Already several companies (especially american companies)received this type of audit, And they stopped filing labor and I140.Dont know what type of new audits come at 485 stage.I lost hopes of green card. I have 3.6 years left on H1. I will save whatever I can n go back to india, open a groceyr store, run it on no profit no loss purpose.
:) You will have to fight the Reliance Freshs and subhikshas etc as competitors on that grocery store.
Already several companies (especially american companies)received this type of audit, And they stopped filing labor and I140.Dont know what type of new audits come at 485 stage.I lost hopes of green card. I have 3.6 years left on H1. I will save whatever I can n go back to india, open a groceyr store, run it on no profit no loss purpose.
:) You will have to fight the Reliance Freshs and subhikshas etc as competitors on that grocery store.
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BPforGC
03-10 04:16 PM
Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
more...
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zuhail
03-10 03:58 PM
I never supported the Idea of sending pizza, Burger or Briyani to anyone. If you are not aware, last year there was a bill introduced by congresswoman Loe. There was a huge outcry and number USA used that very effectively and that bill never took off.
This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.
All our applications are based on our Employment-- We are already employed and filed our petitions for legal permanent residency. How on earth would that affect the un-employment rate? We would continue to work in jobs in US until our I-485 gets approved. Just because delaying our approvals does not increase/decrease the un-employment rate. I am fully aware of the legislations introduced by the Congresswoman Zoe Lofgren. There were too many legislative bills in her agenda.
We would succeed if we just focus a single item-- Visa Recapturing and NO other business.
By the way Mr.snathan, are you an administrative member of the IV team?.
This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.
All our applications are based on our Employment-- We are already employed and filed our petitions for legal permanent residency. How on earth would that affect the un-employment rate? We would continue to work in jobs in US until our I-485 gets approved. Just because delaying our approvals does not increase/decrease the un-employment rate. I am fully aware of the legislations introduced by the Congresswoman Zoe Lofgren. There were too many legislative bills in her agenda.
We would succeed if we just focus a single item-- Visa Recapturing and NO other business.
By the way Mr.snathan, are you an administrative member of the IV team?.
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kpchal2
07-18 09:52 AM
hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process
more...
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sat0207
04-27 09:18 AM
Hey read this link very informative http://www.uscis.gov/graphics/publicaffairs/factsheets/security_checks_42506.pdf
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piyu7444
01-31 04:57 AM
On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
So does this mean that pending AOS has no meaning?
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
You should seriously consider changing status to H4, if that is an option.
In Nov, she can re-enter on H1 visa to come back to H1 status.
____________________
Not a legal advice.
US Citizen of Indian Origin
So does this mean that pending AOS has no meaning?
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
more...
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a_paradkar
07-25 05:00 PM
Do you need an EVL if you are just sending in 485 application for your spouse.
My 485 was filed in Sept 2005?
Kind of confused. can someone answer that?
My 485 was filed in Sept 2005?
Kind of confused. can someone answer that?
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nixstor
04-23 04:57 PM
Read my message - I am *NOT* an IV member and nor did I represent myself as one - like many people I just subscribed to public portal - if you want to limit it to IV members, you must consider doing that .
As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.
Tone yourself down before you point fingers elsewhere. GC is not your birth right.
Bud,
Its quite contradictory that you say that you are not an IV member and dont intend to be one, but you would like to particiapte freely and throw your opinion and get info about events with out aligning to the common goal of the organization. Now dont tell me that you got info about the event some where else. If every one of us try to get our own issue or a group of 15-20 people's issue solved we wont get any thing. This is common sense. What you said about making it paid site/open for certain members sounds bland to me. I am appalled that your thought process is not at all in sync with your accomplishments. If you think you can sell your group story and bring GC to the massess dream on. IV sure has lot of compelling stories that are sold already, but politics is bigger than you,me and our stories. If you are working only for people who are sought after by the stanford's and harvard's, move on.
It's so unfortunate that we fight on issues like this. On your next conf call with Rajiv, bring up the same Q and seek his advice. Let us know what he thinks about your sales pitch and getting GC's only for the most sought. I am not mocking you or slinging mud at you. Its blatant that you are not understanding the political scenario. GC is not any one's birth right but that is what actuallly holding you up.
As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.
Tone yourself down before you point fingers elsewhere. GC is not your birth right.
Bud,
Its quite contradictory that you say that you are not an IV member and dont intend to be one, but you would like to particiapte freely and throw your opinion and get info about events with out aligning to the common goal of the organization. Now dont tell me that you got info about the event some where else. If every one of us try to get our own issue or a group of 15-20 people's issue solved we wont get any thing. This is common sense. What you said about making it paid site/open for certain members sounds bland to me. I am appalled that your thought process is not at all in sync with your accomplishments. If you think you can sell your group story and bring GC to the massess dream on. IV sure has lot of compelling stories that are sold already, but politics is bigger than you,me and our stories. If you are working only for people who are sought after by the stanford's and harvard's, move on.
It's so unfortunate that we fight on issues like this. On your next conf call with Rajiv, bring up the same Q and seek his advice. Let us know what he thinks about your sales pitch and getting GC's only for the most sought. I am not mocking you or slinging mud at you. Its blatant that you are not understanding the political scenario. GC is not any one's birth right but that is what actuallly holding you up.
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nozerd
10-29 10:03 AM
EB3 INDIA
PD: August 2001
LC cleared: October 2005
I 140 approved: Jan 2006
I485 filed: June 2007
Waiting! Same job since 1999 (with internal promotions)
PD: August 2001
LC cleared: October 2005
I 140 approved: Jan 2006
I485 filed: June 2007
Waiting! Same job since 1999 (with internal promotions)
ns007
04-21 08:27 AM
Sorry, did not see this thread before.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
Pineapple
10-26 10:19 AM
Notarized and mailed my FOIA request last week.
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