prioritydate
12-20 07:03 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
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sands_14
07-18 08:59 AM
All packets were kept on hold and we should all be ok because they will start sending receipts soon for all complete packages.
The wait will be long but its good that everyone will enjoy EAD benefits .
As such,whats the new fees for EAD and AP?
The wait will be long but its good that everyone will enjoy EAD benefits .
As such,whats the new fees for EAD and AP?
alex99
05-09 01:05 PM
bump
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jonty_11
12-10 11:48 AM
at which point it will be alottery again ..until dates move back to the stone age..in August 2009
more...
monkeyman
09-27 10:28 AM
I have worked in France and Belgium for a little over an year and this is my personal experience - the work environment at that time 2000 - 01 was alright. However, I had to struggle with language barriers and worse of all - the keyboard barriers. The standards in IT industry were very very different and though it was an experience, the learning curve was huge. Personally, I would much rather prefer to be in US or better still in UAE I'd think.
Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!
Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!
GCVivek
05-23 01:46 PM
Here is the issue: If you are thinking of doing MBA to get a management job in a US company and are an Indian, please forget it. You might get a low level management position paying at most 80K. MBA is not for everyone - you have to have it in you to get something out of an MBA. It's not about landing that good job. You hear about the 1 crore offers that IIM students get from top American companies? Well, they are kicked out of the job in 1 year and then join Infosys or Wipro. Not because they are not brilliant but because their conversational skills are terrible and so is their language. Unless you are planning to settle in India OR REALLY THINKING OF PUTTING A LOT OF EFFORT in mastering the English language and your outlook, an MBA is not going to serve you in the US.
Like, someone said, an MBA is more than just a degree. You can get a better, much higher paying job (300K+) without an MBA but with excellent logic, hard work, conversational skills and outgoing personality. No GC required :)
Like, someone said, an MBA is more than just a degree. You can get a better, much higher paying job (300K+) without an MBA but with excellent logic, hard work, conversational skills and outgoing personality. No GC required :)
more...
Buran
02-14 12:30 AM
Dear friends,
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. .....
1) Per country quotas in EB immigration cause infighting
I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. .....
1) Per country quotas in EB immigration cause infighting
I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
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Jaime
09-11 04:45 PM
Email us! We will help you so you can attend the rally! NO TIME TO LOSE!!!!
more...
h1techSlave
03-22 10:42 AM
I have noticed that the % prior to Jan 2004 is a whopping 44.06. I have a bad feeling that this group (prior to Jan 2004) is growing. :eek:
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webm
04-07 05:01 PM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
First of all Congrats!!
BTW,what is your 485 RD and processing center??
PD Sep 2001
EB3 India.
First of all Congrats!!
BTW,what is your 485 RD and processing center??
more...
ilamurughu
10-29 07:38 AM
PD Oct 2003
LC approved - Oct 2006
I-140 approved - Oct 2006 (PP)
485 - Pending - RD 08/02/2007
LC approved - Oct 2006
I-140 approved - Oct 2006 (PP)
485 - Pending - RD 08/02/2007
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anilnag
03-09 10:47 PM
http://immigrationvoice.org/forum/showthread.php?p=324915#post324915
Please contribute here so that we can end the guessing game and get realistic data on pending applications by each category and country. This will help us determine how fast VB may move in future.
Thanks
Please contribute here so that we can end the guessing game and get realistic data on pending applications by each category and country. This will help us determine how fast VB may move in future.
Thanks
more...
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pappu
04-05 11:52 AM
One more day to go before the end of this campaign.
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
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EkAurAaya
09-26 03:10 PM
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
In response to....
"Last week 1,000 protestors-mostly legal immigrants-drew attention to the
situation of highly skilled foreigners who want to work for companies in the
U.S. by marching on Capitol Hill."
Above statement is totally wrong! you are seriously misguiding readers by your above statement... the rally was for clearing up backlog of petitions filed
for Green Cards not for increasing H1b. You should really contact the source, in this case Immigration Voice to learn what was the rally about. info@immigrationvoice.org
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
In response to....
"Last week 1,000 protestors-mostly legal immigrants-drew attention to the
situation of highly skilled foreigners who want to work for companies in the
U.S. by marching on Capitol Hill."
Above statement is totally wrong! you are seriously misguiding readers by your above statement... the rally was for clearing up backlog of petitions filed
for Green Cards not for increasing H1b. You should really contact the source, in this case Immigration Voice to learn what was the rally about. info@immigrationvoice.org
more...
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vjkypally
09-26 10:04 AM
I also sent a note
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humdesi
02-17 02:20 AM
OH REALLY? 500 K will walk out with u? Can u initiate the call please?
I don't think canuck said he wanted 500K people to walk out. It was just a hypothetical scenario.
But I agree - this whole mudslinging is disgusting. BTW, it's not between Indians and RoW. It's between Indian trolls and RoW trolls.
I don't think canuck said he wanted 500K people to walk out. It was just a hypothetical scenario.
But I agree - this whole mudslinging is disgusting. BTW, it's not between Indians and RoW. It's between Indian trolls and RoW trolls.
more...
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ItIsNotFunny
04-04 09:22 AM
I think this Bill will die like 2006 SKIL bill.
I don't think so. Here is my view:
I believe GC issue is root cause of the problem. Because people can not get GC for 6-7 years, employers (body-shoppers in real words) wants only H1 holder as they will work as slaves with them for years due to GC. This encourages them only to take H1B holders and not GC holders or citizens on payroll.
If government removes retrogression, immediately 80% of the body-shoppers (blood suckers in real words) have to close their shops and H1 quota will be available to all.
Common sense is not common.
I don't think so. Here is my view:
I believe GC issue is root cause of the problem. Because people can not get GC for 6-7 years, employers (body-shoppers in real words) wants only H1 holder as they will work as slaves with them for years due to GC. This encourages them only to take H1B holders and not GC holders or citizens on payroll.
If government removes retrogression, immediately 80% of the body-shoppers (blood suckers in real words) have to close their shops and H1 quota will be available to all.
Common sense is not common.
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ArkBird
04-06 07:25 PM
Again, What was POE?
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
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go_gc_way
12-29 11:32 AM
Whatever you guys are doing ... its working.
We are seeing higher than usual new registrations on this website in the past week.
Thank you all for posting about Immigration Voice everywhere else.
Thanks logiclife.
I AM SURE , ALL MEMBERS REALIZE THEY HAVE A REASON TO VISIT IMMIGRATIONVOICE.COM AND KNOW EVERY ONE'S CONTRIBUTION IS NEEDED FOR US TO MOVE ALONG , AND WE NEED IT SOON.
ALL TOGETHER CAN WORK MAGICS.
We are seeing higher than usual new registrations on this website in the past week.
Thank you all for posting about Immigration Voice everywhere else.
Thanks logiclife.
I AM SURE , ALL MEMBERS REALIZE THEY HAVE A REASON TO VISIT IMMIGRATIONVOICE.COM AND KNOW EVERY ONE'S CONTRIBUTION IS NEEDED FOR US TO MOVE ALONG , AND WE NEED IT SOON.
ALL TOGETHER CAN WORK MAGICS.
imh1b
03-16 02:47 PM
There is no wastage. Just because people are not getting green cards does not mean wastage. Show me where in the bulletin or official document you can see wastage.
larun
06-12 08:36 AM
Done
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