americandesi
12-24 01:46 PM
Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351
wallpaper KAMBAKKHT ISHQ WALLPAPERS
gcobsessed
07-11 08:40 PM
I consider this movement of dates a ticket to enter a lucky draw. Whatever visa numbers remain to be used in last two months of the fiscal year is going to be allocated at random to people who have their PD current in this period. So, congratulations to whoever gets lucky.
Well, your luck might be influenced by a variety of reasons like when you sent your application, whether your 140 is already approved, is it a complicated case, pending RFEs, etc. Nevertheless, it still is good news that so many people are now eligible to participate in the draw...
Well, your luck might be influenced by a variety of reasons like when you sent your application, whether your 140 is already approved, is it a complicated case, pending RFEs, etc. Nevertheless, it still is good news that so many people are now eligible to participate in the draw...
vbkris77
04-06 09:39 PM
Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
2011 Denise Richards Kambakht Ishq
feedfront
09-21 12:52 PM
My status changed yesterday night 8.45 (odd time) , to Evidence review. Keeping fingers crossed.
May be approval is few hours away for you.
May be approval is few hours away for you.
more...
crazyghoda
01-30 01:50 PM
Yes I filed on July 5th 2007.
When do the medical tests run out. I did mine sometime in June 2007. I recall someone mentioning that you need to keep doing those every "x" months or something. Is that true?
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
When do the medical tests run out. I did mine sometime in June 2007. I recall someone mentioning that you need to keep doing those every "x" months or something. Is that true?
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
styrum
01-18 04:05 PM
Looks like if you already have EAD that can be considered a "certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section". Then you don't need the passport or other forms. Those still on H1B but without EAD then must carry a passport with a valid I-94 detached from I797 and stapled to the passport or the entire I797 with I-94 still attached, or the I485 receipt.
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
more...
tjayant
11-21 09:45 PM
Correct me guys if this is worng, it is my undestanding i can convert from EB3 to EB2 from same employer or from another employer but retain the priroirty date, say i applied by GC under EB3 say in 2003, i can ask my employer to convert to EB2 or another employer can file a new application under EB2 using PERM and use the same priority date as EB3 while file the I485
2010 in kambakht ishq kareena
shiva7
02-14 12:56 PM
Dear Administrator,
Thank you so much for giving me an opportunity to pay through paypal. I am proud of me for contributing $100.00 today.
I suggest that please keep an activated Paypal logo on our website so our comrades can understand that we could pay through paypal.
I read on our site that we could pay through paypal but didn't know how.
I am not so smart to learn that visa/mastercard/check logo will take me to paypal acoount login page. And so I didn't pay for a long time.
Thank you anyway. Let's continue to struggle.
Thank you so much for giving me an opportunity to pay through paypal. I am proud of me for contributing $100.00 today.
I suggest that please keep an activated Paypal logo on our website so our comrades can understand that we could pay through paypal.
I read on our site that we could pay through paypal but didn't know how.
I am not so smart to learn that visa/mastercard/check logo will take me to paypal acoount login page. And so I didn't pay for a long time.
Thank you anyway. Let's continue to struggle.
more...
legal_la
07-02 06:05 PM
contributed 100 just now, my drop in the ocean, I will try to add more drops in coming days.
hair Katrina Kaif / Kambakht Ishq
eilsoe
02-16 07:04 PM
http://www.avalon-rev.dk/junk/station1.jpg
my WIP screen... gonna add a lot of detail later. :)
my WIP screen... gonna add a lot of detail later. :)
more...
singhsa3
03-03 05:09 PM
Folks,
Please help me in refining the message: I plan to send to some major media.
*****************************
Dear Sir/Madam,
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/showthread.php?t=17660
Yours truly,
Please help me in refining the message: I plan to send to some major media.
*****************************
Dear Sir/Madam,
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/showthread.php?t=17660
Yours truly,
hot Picture From Kambakht Ishq
luvschocolates
08-21 11:52 AM
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
more...
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immigrationmatters30
09-19 02:06 PM
Do you guys think this is good time to stop consulting and joining a full time job(even though it pays less), if we can find one.
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tikka
07-05 11:28 AM
http://digg.com/politics/Reversal_Fr...ard_Applicants
thank you
thank you
more...
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amitjoey
01-18 05:26 PM
Thanks Pappu :D (Pappu, left a PM, pl reply. Wouldn't mind if you don't come back , you are busy. Thanks)
Several hundred members ... only about 50 posts !!
That's true, once it is posted on a web site, most likely many members of that site will come read the thread. How many will read, will go on increasing each day, east posting.
Extraordinary effort perm2gc and others, please keep it up !!
Members , give it a thought ... give a free gift, more the members ...best our efforts.
Thanks to all of you who are helping with this effort. 57 new members in the last 2 days and another 100 new last week. It has been very effective.
Several hundred members ... only about 50 posts !!
That's true, once it is posted on a web site, most likely many members of that site will come read the thread. How many will read, will go on increasing each day, east posting.
Extraordinary effort perm2gc and others, please keep it up !!
Members , give it a thought ... give a free gift, more the members ...best our efforts.
Thanks to all of you who are helping with this effort. 57 new members in the last 2 days and another 100 new last week. It has been very effective.
dresses Sajid Nadiadwala Kambakht Ishq
Circus123
02-20 04:31 PM
EB3 india wont move further... With PD Sep 2001 EB3 Indi. Still waiting...
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
more...
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Jerrome
07-13 12:38 PM
If your guess true, it is good for me.. My PD is 2006 April with RD of July 31st 2007 in TSC with 140 approved. :-)
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Dhundhun
07-12 08:06 PM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash
I think so.
Unless USCIS took all the pains to compile all EB2 qualified doculements and then to find out on what day China and India EB2 numbers become equal.
It is hard to comprehend.
I think so.
Unless USCIS took all the pains to compile all EB2 qualified doculements and then to find out on what day China and India EB2 numbers become equal.
It is hard to comprehend.
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karanp25
07-14 06:23 PM
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
MahaBharatGC
10-22 04:40 PM
:p
All - plz take it easy as this is solely individual opinion.
When a country is prospering means the jobs are getting created. That is what happened until Clinton Era. But I know that this cannot be forever. Every field is going to reach the peak, falls back and hopefully straightens.
Our IT field is somewhat dependent on other industries to create jobs. So, if other industries are all shipping the operations to foreign soil or loosing steam due to competition in free trade how well a country can prosper. You cannot have 100% service oriented country...it is only possible for small countries like Singapore...but not for big countries like US of A where they have plenty of land.
So, my point here is if you want GC you should have job now (EBn) and future. So, if jobs are getting created then you will have job today and tomorrow too.
So, simply saying "I support immigration" does not mean anything. It could be a REAL political statement like our famous Indian politicians. So, at this time I do not believe nobody as this is all still nacent. once someone takes office, we should be ready to push with our goals in mind.
It is good to debate between one another but let us have plans to how to deal for our existence...
All - plz take it easy as this is solely individual opinion.
When a country is prospering means the jobs are getting created. That is what happened until Clinton Era. But I know that this cannot be forever. Every field is going to reach the peak, falls back and hopefully straightens.
Our IT field is somewhat dependent on other industries to create jobs. So, if other industries are all shipping the operations to foreign soil or loosing steam due to competition in free trade how well a country can prosper. You cannot have 100% service oriented country...it is only possible for small countries like Singapore...but not for big countries like US of A where they have plenty of land.
So, my point here is if you want GC you should have job now (EBn) and future. So, if jobs are getting created then you will have job today and tomorrow too.
So, simply saying "I support immigration" does not mean anything. It could be a REAL political statement like our famous Indian politicians. So, at this time I do not believe nobody as this is all still nacent. once someone takes office, we should be ready to push with our goals in mind.
It is good to debate between one another but let us have plans to how to deal for our existence...
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.
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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