gsc999
04-21 10:49 PM
I stayed till 6:30 p.m. and got an opportunity to briefly talk about Immigration Voice and commended his initiative on solving this issue.
Here is my take:
- Lot of IV members showed up, around 50. Please correct me if I get that right.
- Per my understanding Gutierrez came to CA, even though he is from Illinois to seek and reinforce support from California representatives, since CA is the swing state as far as immigration is concerned. Legal as well as undocumented.
- A lot of Latino origin people showed up. Well, no surprises there. Most of STRIVE does deal with undocumented immigration. Infact, it might be better that way. We keep low public profile but hard and strong lobbying.
- I asked Rep. Gutierrez if STRIVE bill had enough Republican support to pass the House. He mentioned that he is working to do that.He wants us to contact Republicans reps., not just the Democrats.
- It was good learning experience. I wasn't expecting a structured Q&A session. A suggestion: It would be great if we can trash out a strategy among ourselves and designate a spokesperson.
- I gave a brief interview video interview to the office of a State Senator from Sacramento. I mentioned about IV and our goals.
- It did looked like a Spanish affair but it is our preogative to speak up.
Here is my take:
- Lot of IV members showed up, around 50. Please correct me if I get that right.
- Per my understanding Gutierrez came to CA, even though he is from Illinois to seek and reinforce support from California representatives, since CA is the swing state as far as immigration is concerned. Legal as well as undocumented.
- A lot of Latino origin people showed up. Well, no surprises there. Most of STRIVE does deal with undocumented immigration. Infact, it might be better that way. We keep low public profile but hard and strong lobbying.
- I asked Rep. Gutierrez if STRIVE bill had enough Republican support to pass the House. He mentioned that he is working to do that.He wants us to contact Republicans reps., not just the Democrats.
- It was good learning experience. I wasn't expecting a structured Q&A session. A suggestion: It would be great if we can trash out a strategy among ourselves and designate a spokesperson.
- I gave a brief interview video interview to the office of a State Senator from Sacramento. I mentioned about IV and our goals.
- It did looked like a Spanish affair but it is our preogative to speak up.
wallpaper #lack and white #flowers
pappu
07-01 10:23 PM
QUESTIONNAIRE FOR POTENTIAL PLAINTIFFS
USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
Please be sure to include a copy of the following with this questionnaire:
• Completed I-485 as submitted to USCIS, and any cover letter sent with it;
• Evidence of method and date of mailing (USPS, Fed Ex, etc)
• A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
• USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
Date questionnaire is completed:
Completed by:
Attorney Contact Information:
Name
Email
Firm
Address
Telephone
Fax
Adjustment Applicant Information:
Name
Address
Phone
Email
Nationality or citizenship
Adjustment Application Filing Information:
Date adjustment application was submitted to USCIS and method of submission:
Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
What was the employment-based immigrant category under which the adjustment application applied?
USCIS rejection of the adjustment application:
Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
If yes, please explain in detail:
Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
2
Harm to adjustment applicant:
Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
Please return this form and documents by email or fax to:
visabulletin@ailf.org
or fax (202) 742-5619 attn. AILF LAC
USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
Please be sure to include a copy of the following with this questionnaire:
• Completed I-485 as submitted to USCIS, and any cover letter sent with it;
• Evidence of method and date of mailing (USPS, Fed Ex, etc)
• A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
• USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
Date questionnaire is completed:
Completed by:
Attorney Contact Information:
Name
Firm
Address
Telephone
Fax
Adjustment Applicant Information:
Name
Address
Phone
Nationality or citizenship
Adjustment Application Filing Information:
Date adjustment application was submitted to USCIS and method of submission:
Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
What was the employment-based immigrant category under which the adjustment application applied?
USCIS rejection of the adjustment application:
Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
If yes, please explain in detail:
Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
2
Harm to adjustment applicant:
Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
Please return this form and documents by email or fax to:
visabulletin@ailf.org
or fax (202) 742-5619 attn. AILF LAC
nitkad
03-19 12:09 AM
Agreed.
:D
:D
2011 lack and white flower tattoos
Jelena
07-14 08:23 AM
Yes, this letter is a bit late but it's still very well-written an exactly to the point. I couldn't help but nodding all the way through.
My lawyer (company's lawyer, to be exact) didn't even bother telling me about either July bulletin or July 2nd fiasco - I found about it in the Internet.
My lawyer (company's lawyer, to be exact) didn't even bother telling me about either July bulletin or July 2nd fiasco - I found about it in the Internet.
more...
sw33t
05-27 07:56 PM
There seems to be a lot of misconceptions on what to do when stopped by CBP (Customs & Border Protection), colloquially known as "Border Patrol".
Border Patrol Agents are federal agents and answer to no state/local authorities except their own. Despite misconceptions on their authority and the civil rights issues of road blocks, Border Patrol agents are authorized to detain and make arrests based on the following -
a. Inability to establish identity
b. Inability to establish immigration status
c. Trafficking - Narcotics, Weapons, Tobacco, Alcohol etc. etc.
d. Detain/arrest felons with federal warrants
e. Enforce laws related to trade agreements/customs
As far as what gives the CBP the right to stop/search you,
Search Authority (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=Jt4f8Uyj&p_lva=74&p_li=&p_faqid=25&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MiwyJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUgxQg**)
"The Congress of the United States has given U.S. Customs and Border Protection broad authority to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. This authority is contained in Title 19 of the United States Code, Sections 482, 1467, 1496, 1581, and 1582. For further information please visit the Inspections Section on the Customs and Border Protection website. "
As far as making photocopies (Colored / B&W), pre-June 1st, 2009, the law clearly stated that photocopies of official US documents cannot be used as proof of valid status. If you read through most official US documentation (fine-print), you will see this printed. Aside from being charged from counterfeiting US documents for purposes other than official purposes (application to a US agency), Border patrol will reject such documentation. The only exception after June 1st, 2009 is the following -
"June 1, 2009: ALL persons*, including U.S. citizens and Canadian citizens over the age of 15, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport or other document such as passport cards, NEXUS or SENTRI cards, or driver's licenses that meet certain security requirements. Children 15 years of age and younger are exempt from the passport requirement, although they will be required to have copies of their birth certificate. (The copy does not have to be certified, xerox copies are ok, but certified is always better.) Teens between the ages of 16-18 who are part of an adult-supervised school, religious, cultural, or athletic group, are also exempt from the passport requirement if traveling by land or sea."
You will be detained if the Border Agent decides that there is enough suspicion to do so but it is up to the discretion of the agent. Technically, you are supposed to carry documentation, IN ORIGINAL. Some exceptions are those who have a valid Driver's License from states who have implemented the "REAL-ID" act.
This is the official FAQ on what you need to carry by the CBP. (PLEASE READ THROUGH IT).
Documents to carry while traveling (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=572)
And please, DO NOT LIE when being questioned. Getting pulled over by authorities can be a nervous experience but always take a deep breadth before you answer a question. Agents are trained to spot physical signs of an individual concealing the truth. YOU WILL BE DEPORTED if you do so & denied entry for 10 yrs.
When stopped, hit the emergency blinkers and place your hands on the steering wheel and ask the occupants to not make any sudden moves. If you are carrying documentation, let the agent know the same and tell the agent where it is located and seek his approval before reaching out to get the documentation.
What to do if you wish to file a complaint because a CBP officer was unprofessional/rude?
File a Complaint (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=MIxTbUyj&p_lva=572&p_li=&p_faqid=29&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NCw0JnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJ1ZGU*)
For more unofficial information on road blocks, the "Roadblock Registry" is an independent website that documents the politics of "Road blocks" in the US.
http://www.roadblock.org/whattodo.htm
Most of all, please drive safe and don't drink & drive near the border.
Border Patrol Agents are federal agents and answer to no state/local authorities except their own. Despite misconceptions on their authority and the civil rights issues of road blocks, Border Patrol agents are authorized to detain and make arrests based on the following -
a. Inability to establish identity
b. Inability to establish immigration status
c. Trafficking - Narcotics, Weapons, Tobacco, Alcohol etc. etc.
d. Detain/arrest felons with federal warrants
e. Enforce laws related to trade agreements/customs
As far as what gives the CBP the right to stop/search you,
Search Authority (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=Jt4f8Uyj&p_lva=74&p_li=&p_faqid=25&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MiwyJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUgxQg**)
"The Congress of the United States has given U.S. Customs and Border Protection broad authority to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. This authority is contained in Title 19 of the United States Code, Sections 482, 1467, 1496, 1581, and 1582. For further information please visit the Inspections Section on the Customs and Border Protection website. "
As far as making photocopies (Colored / B&W), pre-June 1st, 2009, the law clearly stated that photocopies of official US documents cannot be used as proof of valid status. If you read through most official US documentation (fine-print), you will see this printed. Aside from being charged from counterfeiting US documents for purposes other than official purposes (application to a US agency), Border patrol will reject such documentation. The only exception after June 1st, 2009 is the following -
"June 1, 2009: ALL persons*, including U.S. citizens and Canadian citizens over the age of 15, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport or other document such as passport cards, NEXUS or SENTRI cards, or driver's licenses that meet certain security requirements. Children 15 years of age and younger are exempt from the passport requirement, although they will be required to have copies of their birth certificate. (The copy does not have to be certified, xerox copies are ok, but certified is always better.) Teens between the ages of 16-18 who are part of an adult-supervised school, religious, cultural, or athletic group, are also exempt from the passport requirement if traveling by land or sea."
You will be detained if the Border Agent decides that there is enough suspicion to do so but it is up to the discretion of the agent. Technically, you are supposed to carry documentation, IN ORIGINAL. Some exceptions are those who have a valid Driver's License from states who have implemented the "REAL-ID" act.
This is the official FAQ on what you need to carry by the CBP. (PLEASE READ THROUGH IT).
Documents to carry while traveling (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=572)
And please, DO NOT LIE when being questioned. Getting pulled over by authorities can be a nervous experience but always take a deep breadth before you answer a question. Agents are trained to spot physical signs of an individual concealing the truth. YOU WILL BE DEPORTED if you do so & denied entry for 10 yrs.
When stopped, hit the emergency blinkers and place your hands on the steering wheel and ask the occupants to not make any sudden moves. If you are carrying documentation, let the agent know the same and tell the agent where it is located and seek his approval before reaching out to get the documentation.
What to do if you wish to file a complaint because a CBP officer was unprofessional/rude?
File a Complaint (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=MIxTbUyj&p_lva=572&p_li=&p_faqid=29&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NCw0JnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJ1ZGU*)
For more unofficial information on road blocks, the "Roadblock Registry" is an independent website that documents the politics of "Road blocks" in the US.
http://www.roadblock.org/whattodo.htm
Most of all, please drive safe and don't drink & drive near the border.
chmur
09-11 03:04 PM
EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
more...
danu2007
11-20 10:54 PM
Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
2010 lack and white flower tattoos
singhsa3
03-03 01:16 PM
I just sent a request to CNN to take a look at this thread. A formal letter may be sent soon. So please continue to vote and participate.
more...
laksmi
01-18 07:00 PM
Even a Traffic police can ask for approve H1 copy along with Driver license.
Thanks
Thanks
hair flower. This flower tattoo
HOPE_GC_SOON
11-20 05:05 PM
Hi LWPD
Thanks for your Posting of this URL.
The URL is no more active and please help me forwarding the specified .pdf file either a PM to me or please attach the same to your reply.
Alternatively, if you can describe the path on USCIS site, that would be of great help.. I doubt they still hold that .pdf file on site. If you had downloaded this .pdf file. Please help the Team.
Thanks
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
Thanks for your Posting of this URL.
The URL is no more active and please help me forwarding the specified .pdf file either a PM to me or please attach the same to your reply.
Alternatively, if you can describe the path on USCIS site, that would be of great help.. I doubt they still hold that .pdf file on site. If you had downloaded this .pdf file. Please help the Team.
Thanks
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
more...
sledge_hammer
02-14 12:49 PM
To answer your question, no, I'm not a conservative Christian. I'm a Hindu and I'm proud of it!
Now that I have answered your question, allow me ask YOU a few questions:
1. If I really were a Conservative Christian, does my belief that Jew were persecuted hold any less credibility?
2. Are you an anti semite?
3. Are you friends with Ahmedenejad?
4. Do you watch a lot of Mel Gibson movies when you're not otherwise writing nonsense on this forum? :)
Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.
"What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?
Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.
.
Now that I have answered your question, allow me ask YOU a few questions:
1. If I really were a Conservative Christian, does my belief that Jew were persecuted hold any less credibility?
2. Are you an anti semite?
3. Are you friends with Ahmedenejad?
4. Do you watch a lot of Mel Gibson movies when you're not otherwise writing nonsense on this forum? :)
Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.
"What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?
Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.
.
hot Swirl Floral Tattoo (Black and
CADude
07-23 11:17 PM
is she using her own FAQ? USCIS FAQ has different question at Q9.
So does my lawyer per the FAQ she sent earlier:
Q9: My adjustment was already filed. Do I have to re-file now?
A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.
So does my lawyer per the FAQ she sent earlier:
Q9: My adjustment was already filed. Do I have to re-file now?
A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.
more...
house lack flower tattoo.
vivekjay
10-20 02:23 PM
He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?
Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.
Atleast Obama's attack adds are based on policies and not personal attacks. I lost all respect for McCain for his campaign stooping so low and after his VP pick. My god what was he thinking?
Democrats are poised to increase their majority in both houses and McCain is pretty much going to have a hard time pushing his agenda regarding a lot of issues. I dont want another lame duck president.
Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.
Atleast Obama's attack adds are based on policies and not personal attacks. I lost all respect for McCain for his campaign stooping so low and after his VP pick. My god what was he thinking?
Democrats are poised to increase their majority in both houses and McCain is pretty much going to have a hard time pushing his agenda regarding a lot of issues. I dont want another lame duck president.
tattoo lack and white flower tattoos
StarSun
02-23 08:52 AM
Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)
more...
pictures White Flower Tattoo | DESIGNS
desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
dresses Black and White Rose Tattoo by
sledge_hammer
06-19 06:12 PM
What is the "period of stay form"?
more...
makeup Black and white flower tattoo.
nixstor
07-05 03:00 PM
Why would this website suddently decide to convert to a paid website? There is a link right on the top requesting funds / contributions, right? People who have resources / are willing to contribute will do it. Look at the postings of the core members who actually started this website. Did they ever make a harsh statement regarding the site visitors who have not contributed? Personally I havn't seen one yet, have you? They are very diplomatic in their efforts and thats what makes them leaders. We dont want juveniles to start dictating regulations in this forum. Lets leave these decisions to mature people who have insight in their decisions, OK. Actions taken when you are emotionally disturbed will do nothing but harm you and the rest of us. This site is and should remain a non paid. I have contributed a small amount sofar, however have found a very pleasant and enjoyable community here at the IV. I know many have contributed much more than me. Please remember that this website / core group efforts all began probably as a selfless act by a group of youngsters to benefit our legal immigrant community. Let not our emotions guide us but let reason guide us in our decisions and the best approach would be to let the core group decide. Now if they decide sternly that this can be run only as long as all the visitors/beneficieries contribute then I dont know what to say. Contributions were all voluntary and should remain voluntary. Some of those who support a paid website seem to be VERY AGITATED. If you are agitated while spending money then think twice before contributing. Dont expect everybody to do do exactly what you do.
This is a perfect example of how an argument can be twisted and turned around. So you would prefer Pappu or 3 other members to have a funding drive for ever instead of having a constant flow of money? No one questioned the intentions of core members or people who started the website. They not only started this as a place where we can discuss issues, but also as a place where people in similar situations can come together as a community and contribute towards the cause. The contribution is both monetary and personal time. Both grass root efforts and lobbying will bring success. I personally, (who has been vocal on the thread) am not agitated that I am paying and xyz is not paying. People do not see a need to pay for IV because they are getting what they want. Every one on their heart of hearts know what kind of platform we have built here and without $$ it all means nothing. An hour before I spoke with a NPR news reporter and she asked me if I were calling on behalf of IV as soon as I explained the VB fiasco. Its our choice to support through contributions or to undermine the main agenda of the organization.
Do not try to sell the point that we will lose membership if we make it paid, atleast to me. As I said before, people have come over to IV when hell broke loose time over time. I do not see a reason why they would stop coming. We are highly skilled but not very well endowed financially. What can we do other than lamenting about our personal choice instead of coming together as a community?
This is a perfect example of how an argument can be twisted and turned around. So you would prefer Pappu or 3 other members to have a funding drive for ever instead of having a constant flow of money? No one questioned the intentions of core members or people who started the website. They not only started this as a place where we can discuss issues, but also as a place where people in similar situations can come together as a community and contribute towards the cause. The contribution is both monetary and personal time. Both grass root efforts and lobbying will bring success. I personally, (who has been vocal on the thread) am not agitated that I am paying and xyz is not paying. People do not see a need to pay for IV because they are getting what they want. Every one on their heart of hearts know what kind of platform we have built here and without $$ it all means nothing. An hour before I spoke with a NPR news reporter and she asked me if I were calling on behalf of IV as soon as I explained the VB fiasco. Its our choice to support through contributions or to undermine the main agenda of the organization.
Do not try to sell the point that we will lose membership if we make it paid, atleast to me. As I said before, people have come over to IV when hell broke loose time over time. I do not see a reason why they would stop coming. We are highly skilled but not very well endowed financially. What can we do other than lamenting about our personal choice instead of coming together as a community?
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dummgelauft
08-21 02:53 PM
If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!
If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.
You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.
You are telling us about this 500.0 lb obese person whom you are "caring for". Let me tell you something, USCIS does not think twice about separating babies from their mothers and wives from their husbands, if they find out that law has been broken, so, say what you want. You are here illegaly and everybody here will tell you the same thing. Get your self back in to Canada.
Nobody FORCED you to stay here You made a choice, based on compassion on whatever. If that is still your position, then be prepared to pay the price. If you leave now, you can come visit this "family" of yours once in a while BUT if you get deported, forget it. There is 10 year ban on you and even after that, you will NOT be let in to US.
This is the hard truth, take it or get off this forum.
Admin, this poster should be deleted.
If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.
You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.
You are telling us about this 500.0 lb obese person whom you are "caring for". Let me tell you something, USCIS does not think twice about separating babies from their mothers and wives from their husbands, if they find out that law has been broken, so, say what you want. You are here illegaly and everybody here will tell you the same thing. Get your self back in to Canada.
Nobody FORCED you to stay here You made a choice, based on compassion on whatever. If that is still your position, then be prepared to pay the price. If you leave now, you can come visit this "family" of yours once in a while BUT if you get deported, forget it. There is 10 year ban on you and even after that, you will NOT be let in to US.
This is the hard truth, take it or get off this forum.
Admin, this poster should be deleted.
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nlssubbu
08-06 05:46 PM
I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?
I was in India when my 485 was approved. I entered using AP and at POE the officer looked at me with a smile saying my 485 was approved. I told them that I know through the e-mail notification as well as from my attorney. Faced no problem. Please keep your AP handly during your return.
Wishing you to get your GC soon :)
I was in India when my 485 was approved. I entered using AP and at POE the officer looked at me with a smile saying my 485 was approved. I told them that I know through the e-mail notification as well as from my attorney. Faced no problem. Please keep your AP handly during your return.
Wishing you to get your GC soon :)
srinithati
03-17 11:11 AM
PD April 2004
filed 485,EAD & AP on August 15th 2007.
filed 485,EAD & AP on August 15th 2007.
Macaca
01-31 04:35 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
Please look at the following post in For NIW and OsR applicants (http://immigrationvoice.org/forum/showthread.php?t=3081).
I am EB2,with an approved I-140 in NIW category.My PD is 16 jan 2003.since last 8 months dates moved only 7 days.I am in a pathetic situation, my children are studying in NY colleges and I am paying out of state tuition for them, I am pursuing my phd, the stamp in my passport expired and I came to India to get extend the dates on my F1, but the visa extension was refused saying when you have approved immigrant petition you cannot extend the non-immigrant visa.
The conflict of interest issue,the consul said you wait till your dates are current then you enter even after being the beneficiaries of my EB2.
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
Please look at the following post in For NIW and OsR applicants (http://immigrationvoice.org/forum/showthread.php?t=3081).
I am EB2,with an approved I-140 in NIW category.My PD is 16 jan 2003.since last 8 months dates moved only 7 days.I am in a pathetic situation, my children are studying in NY colleges and I am paying out of state tuition for them, I am pursuing my phd, the stamp in my passport expired and I came to India to get extend the dates on my F1, but the visa extension was refused saying when you have approved immigrant petition you cannot extend the non-immigrant visa.
The conflict of interest issue,the consul said you wait till your dates are current then you enter even after being the beneficiaries of my EB2.
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