logiclife
12-20 05:50 PM
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
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shantanup
03-16 05:44 PM
Infinite_Patience_GC,
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.
frostrated
07-13 09:20 AM
when is the next 485 pending inventory report due?
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cool_guy_onnet1
02-21 10:31 AM
From ,
1. In Fy08, there were 189 EB2 India approvals.
2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.
Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.
NOT EVERYONE REGISTERS AT THESE POS SITES. lol
C'mon be realistic.
1. In Fy08, there were 189 EB2 India approvals.
2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.
Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.
NOT EVERYONE REGISTERS AT THESE POS SITES. lol
C'mon be realistic.
more...
imh1b
08-11 12:06 PM
Guys,
All EB3 Is are coming forward. Thats a good thing.
But do we have:
- A leader to lead this effort
- Agenda to follow
- Specific Goals
- Action Items
- Immediate Goals
Without these we are not going anywhere. But just wasting our time on top of our already surmounting frustration.
I have answered in a funny way
But do we have:
- A leader to lead this effort: None. But actually everyone.
- Agenda to follow : Everyone has one. But the single common agenda is to blame IV for EB3 dates not moving forward.
- Specific Goals : Everyone has one
- Action Items : EB3 should get all spillover and EB2 should not get it
- Immediate Goals: EB3 should get all spillover and EB2 should not get it
I see nobody serious but everyone wants some one else to help.
Here is my big idea. We should ask Bill Gates and Sonia Gandhi to help us. Instead of working on spillover for 500 visas, how about get these people to help us. They can help change INA with their contacts.
All EB3 Is are coming forward. Thats a good thing.
But do we have:
- A leader to lead this effort
- Agenda to follow
- Specific Goals
- Action Items
- Immediate Goals
Without these we are not going anywhere. But just wasting our time on top of our already surmounting frustration.
I have answered in a funny way
But do we have:
- A leader to lead this effort: None. But actually everyone.
- Agenda to follow : Everyone has one. But the single common agenda is to blame IV for EB3 dates not moving forward.
- Specific Goals : Everyone has one
- Action Items : EB3 should get all spillover and EB2 should not get it
- Immediate Goals: EB3 should get all spillover and EB2 should not get it
I see nobody serious but everyone wants some one else to help.
Here is my big idea. We should ask Bill Gates and Sonia Gandhi to help us. Instead of working on spillover for 500 visas, how about get these people to help us. They can help change INA with their contacts.
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...
alisa
01-18 08:40 PM
I am fed up of the blissful ignorance that is so characteristic of so many EB-based retrogressed folks.
Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if
1) I am an Indian with EB-3 PD of Jun 2002 or later
2) I am an Indian with EB-2 PD after Jan 2005.
3) I am ROW with EB-3 PD of 2003
4) I am ROW with EB-2. (Ok. Here you can't convince me.)
Any other categories I am missing.
Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.
BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.
Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if
1) I am an Indian with EB-3 PD of Jun 2002 or later
2) I am an Indian with EB-2 PD after Jan 2005.
3) I am ROW with EB-3 PD of 2003
4) I am ROW with EB-2. (Ok. Here you can't convince me.)
Any other categories I am missing.
Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.
BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.
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GCAmigo
12-13 10:11 AM
for contacting/fax etc..
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GC_SUCK
08-16 01:07 PM
All my security check are cleared as per information from IO (by calling 4 times in last 4 months).
I am hoping that I will get GC by the end of this year.
You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.
A 6 months wait is not unreasonable. I'd be happy with that if I was you!
I am hoping that I will get GC by the end of this year.
You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.
A 6 months wait is not unreasonable. I'd be happy with that if I was you!
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shantanup
10-28 01:44 PM
Finally, notarized and faxed the letter today.
more...
GoneSouth
03-07 08:38 AM
Get a new attorney. Seriously.
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dealsnet
05-27 08:18 PM
These from CBP website:
If the individual being searched has undergone the total transformation, the current gender of that person will dictate whether or not a male or female U.S. Customs and Border Protection officer performs the search.
If the individual is a natural male becoming a female and has breasts, but still retains male genitalia, a female officer will complete an above the waist search and a male officer will complete a below the waist search.
If the individual is a natural female becoming a male, and still retains female genitalia, a female officer will perform the search.
If the individual being searched has undergone the total transformation, the current gender of that person will dictate whether or not a male or female U.S. Customs and Border Protection officer performs the search.
If the individual is a natural male becoming a female and has breasts, but still retains male genitalia, a female officer will complete an above the waist search and a male officer will complete a below the waist search.
If the individual is a natural female becoming a male, and still retains female genitalia, a female officer will perform the search.
more...
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Legal_In_A_Limbo
03-10 11:10 AM
Guys.....if you want to change representation to self in your 485 case, you do not need to file a form G-28......G-28 is for lawyers seeking permission to represent you. You do not need a permission for yourself............all you have to do is send USCIS a letter saying all future correspondence should be done with you and you are representing yourself on this case hereon....follow up after a month after sending the letter to ensure they have changed you as the point of contact on the case........If you are substituting your current lawyer by another one, then you need a new G-28
coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?
I will really appreciate that.
coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?
I will really appreciate that.
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hsj
05-27 09:14 PM
Rofl :D
these from cbp website:
If the individual being searched has undergone the total transformation, the current gender of that person will dictate whether or not a male or female u.s. Customs and border protection officer performs the search.
If the individual is a natural male becoming a female and has breasts, but still retains male genitalia, a female officer will complete an above the waist search and a male officer will complete a below the waist search.
If the individual is a natural female becoming a male, and still retains female genitalia, a female officer will perform the search.
these from cbp website:
If the individual being searched has undergone the total transformation, the current gender of that person will dictate whether or not a male or female u.s. Customs and border protection officer performs the search.
If the individual is a natural male becoming a female and has breasts, but still retains male genitalia, a female officer will complete an above the waist search and a male officer will complete a below the waist search.
If the individual is a natural female becoming a male, and still retains female genitalia, a female officer will perform the search.
more...
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pitha
06-30 10:05 PM
I think fedex does some same day delivery service from some cities, I called they had that service from my city, you might have to give the package very early like 4 or 5 am on monday, call 1800-go-fedex for details
i don't think they accept anything on sunday to deliver on Monday. You can call fedex cust rep and find more.
i don't think they accept anything on sunday to deliver on Monday. You can call fedex cust rep and find more.
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rweworld1
07-12 09:07 PM
Thanks for good wishes and congratulations to all who become current.
Regarding cutoff date I'm hearing multiple theories -
A. if it says 1st March - then prior to that consider as active - 1st of March is not included
B. some says 1st March is included because it is like UNTIL 1st March
C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.
D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.
Wow so many options looks like I need to poll this and then wait until next bulletin :)
Once again thanks for good wishes and Congratulations who were waiting for longer period.
-Rwe
Regarding cutoff date I'm hearing multiple theories -
A. if it says 1st March - then prior to that consider as active - 1st of March is not included
B. some says 1st March is included because it is like UNTIL 1st March
C. Someone told me if cutoff date fall on weekend then consider that date in. 1st March in 2006 was Wednesday - just FYI.
D. someone also told me if it falls during weekdays then consider whole week - until Friday. USCIS taking cases for whole week for processing.
Wow so many options looks like I need to poll this and then wait until next bulletin :)
Once again thanks for good wishes and Congratulations who were waiting for longer period.
-Rwe
more...
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gcnirvana
04-20 06:23 PM
We need at least 6 more volunteers for this task so that the volunteers already making the phone calls are not over-burdened. Please help this very important initiative.
If you would like to volunteer for this effort, please post or send me a private message.
I can make phone calls. Sent a PM
If you would like to volunteer for this effort, please post or send me a private message.
I can make phone calls. Sent a PM
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krishmunn
05-23 02:35 PM
Definitely much better than a computer operators'. I have high regards for people who work at reputed companies such as MS, ORCL, Apple though. By computer operator i mean people who try to speak english but sound as if they are speaking telugu.
What about those who try to speak English but sound like Hinglish (North Indian including Punjabi, Jath et al), or Bonglish (Bengali ) or Inglish (Gujarati -- "In evening I had heavy 'snakes' ).... are all of them (including you) just some "computer operator" ?
What about those who try to speak English but sound like Hinglish (North Indian including Punjabi, Jath et al), or Bonglish (Bengali ) or Inglish (Gujarati -- "In evening I had heavy 'snakes' ).... are all of them (including you) just some "computer operator" ?
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pzh
07-16 06:18 PM
There isn't a single fact that is true in this fax here. I don't know how groups like this get taken seriously if they don't even do basic research on what they are sending to congresspeople.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
ten years in the US.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
ten years in the US.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.
srkamath
07-13 12:30 PM
Where the visa numbers in Oct'08 will be will depend on how proactive IV is.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.
paskal
03-16 02:01 PM
dont "warn" me..........you think i give a damn about your "warning"??
the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.
i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.
and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???
i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.
i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....
so i will try one last time.
your issues are whatever they are, i did not ask you to change your mind on them, neither did i choose to debate you on them. we all acknowledge that this is a bad system, and we all we can do is try fix it. of course like you we could simply vent, curse and blame everyone as well. not that will change a thing.
now the issue with your posts is your language and your tenor. kindly fix that.
yes i can ban you, i choose not to at this time. and yes take it as another warning. if you are contributing to iv action that is wonderful. language like this will however not be tolerated on this forum. please read the posting guidelines if you have doubts. i have posted the link and a snippet for your reference below. now chill out a bit and don't have a "coronary". we are all frustrated. what you are doing is not helping.
http://immigrationvoice.org/forum/announcement.php?f=90
"Posts that denigrate members, potential members or even anti-immigrant groups not welcome - such posts are against Immigration Voice principles. Immigration Voice reserves the right to take action against such posts and posters. You agree, through your use of this service, that you will not use this Forum to post any material which is knowingly false and/or defamatory, inaccurate, disrespectful, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law."
the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.
i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.
and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???
i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.
i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....
so i will try one last time.
your issues are whatever they are, i did not ask you to change your mind on them, neither did i choose to debate you on them. we all acknowledge that this is a bad system, and we all we can do is try fix it. of course like you we could simply vent, curse and blame everyone as well. not that will change a thing.
now the issue with your posts is your language and your tenor. kindly fix that.
yes i can ban you, i choose not to at this time. and yes take it as another warning. if you are contributing to iv action that is wonderful. language like this will however not be tolerated on this forum. please read the posting guidelines if you have doubts. i have posted the link and a snippet for your reference below. now chill out a bit and don't have a "coronary". we are all frustrated. what you are doing is not helping.
http://immigrationvoice.org/forum/announcement.php?f=90
"Posts that denigrate members, potential members or even anti-immigrant groups not welcome - such posts are against Immigration Voice principles. Immigration Voice reserves the right to take action against such posts and posters. You agree, through your use of this service, that you will not use this Forum to post any material which is knowingly false and/or defamatory, inaccurate, disrespectful, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law."
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