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  • bbct
    01-13 12:51 PM
    Atleast they are moving EB2 by few months so the chances of old cases getting approved is high.





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  • desi3933
    06-24 09:37 PM
    desi3933 is right.

    - While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
    - It does not matter if the person has other seemingly valid visa stamps on his/her passport.
    - The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
    - If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
    This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.

    - Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
    3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.

    Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html

    Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.

    - Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status

    This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).

    - If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.

    This is a SERIOUS matter requiring legal competent advice.
    email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.

    NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research

    SertaSheep -

    See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.

    The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.

    The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.

    Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.

    There are actions "missed" by Employers. But, that is beyond the scope of current discussion.

    I will be writing a detailed note on how to handle out of status issues.

    desi3933 at gmail.com

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002





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  • Caliber
    04-02 01:41 PM
    Probably you were busy with your GC and someone else was doing what your balls should do..

    We have 2 pages of posts, but just 150.00.

    Sanju is right when he says, we are High-tech educated illiterates.

    You have 15 posts. First you were crying for EAD, then GULTI, now all this.

    And you think this is the way for convincing law makers on our contributions to American society? Is it because of your bad language, the law makers should give your spouse, EAD?





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  • psaxena
    02-24 07:02 PM
    My days in office are slow, I was thinking on how to pass the time, and immigration helps me easily to reach to 5:00 PM. Lets keep discussing this, keep on come on..

    Someone got some more ideas which are ready to be dead in this thread..

    Unity is the key guys, I dun see a single thing in IV which says, "OK guys this is our plan of action, Let's do it".

    Please read my blog "Had a dream (http://immigrationvoice.org/forum/blog.php?b=56)" definately thats gonna happen I believe now.



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  • pappu
    03-09 11:17 AM
    Visa Bulletin For April 2011 (http://travel.state.gov/visa/bulletin/bulletin_5368.html)

    EMPLOYMENT-BASED PREFERENCES

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

    Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

    Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

    Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

    5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
    Family- Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
    F1 01MAY04 01MAY04 01MAY04 15FEB93 01APR95
    F2A 01APR07 01APR07 01APR07 01JUL06 01APR07
    F2B 15APR03 15APR03 15APR03 15JUL92 01DEC99
    F3 15MAR01 15MAR01 15MAR01 08NOV92 01JAN92
    F4 01FEB00 01JAN00 01FEB00 01FEB96 08MAR88

    *NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL06. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

    Employment- Based

    All Chargeability Areas Except Those Listed
    CHINA- mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 22JUL06 08MAY06 C C
    3rd 22JUL05 01MAR04 08APR02 08MAY04 22JUL05
    Other Workers 22JUL03 22APR03 08APR02 22JUL03 22JUL03
    4th C C C C C
    Certain Religious Workers C C C C C
    5th C C C C C
    Targeted Employment Areas/ Regional Centers C C C C C
    5th Pilot Programs C C C C C

    The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

    Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

    B. DIVERSITY IMMIGRANT (DV) CATEGORY

    Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2011 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

    For April, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
    Region All DV Chargeability Areas Except Those Listed Separately
    AFRICA 35,450 Except: Egypt 27,600
    Ethiopia 22,150
    Nigeria 14,100
    ASIA 19,250 Except:Bangladesh 18,350
    EUROPE 23,200
    NORTH AMERICA (BAHAMAS) 8
    OCEANIA 1,000
    SOUTH AMERICA, and the CARIBBEAN 1,075


    Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.

    C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK
    CUT-OFFS WHICH WILL APPLY IN MAY

    For May, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
    Region All DV Chargeability Areas Except Those Listed Separately
    AFRICA 42,000

    Except: Egypt 31,200
    Ethiopia 26,200
    Nigeria 15,450
    ASIA 23,500
    EUROPE 27,800
    NORTH AMERICA (BAHAMAS) 12
    OCEANIA 1,175
    SOUTH AMERICA, and the CARIBBEAN 1,150

    D. RETROGRESSION OF FAMILY PREFERENCE CUT-OFF DATES

    Continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April.

    Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.





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  • s_r_e_e
    08-21 10:57 AM
    Is this campign for the next step of 'recapture bill' ?

    I think, not many are aware of this campign. The title sounds similar to some old action item.



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  • Project_A
    02-10 05:21 PM
    Do you mean 30 credits with 3 year degree from India to complete MS?
    $15K for 30 credits means $500 for 1 credit?

    ISU - Iowa State University; Not from India. Yes, $15K for a total of 30 credits. Aprx 3 credits per subject => total 10 subjects. One of them must be a project, so total of 9 subjects ( with 3 credits each).





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  • gcisadawg
    03-26 03:12 PM
    let us start May 2009 predictions.

    EB3-I 2003 October

    Thanks for taking care of my PD.

    My prediction: EB3-I would move to NOV 20th 2001

    Also, my predictions for EB3-I for next several years..

    Oct 2009--> Jan 1st 2002
    Oct 2010--> June 1st 2002
    Oct 2011--> Oct 15th 2002
    Oct 2012--> Dec 20th 2002
    Oct 2013--> April 15th 2003
    Oct 2014--> July 1st 2003
    Oct 2015--> Oct 15th 2003

    There are about 19K to 22K EB3-I I-485 pending as of now with PD Oct 2003 or earlier.. The above is the realistic prediction based on about 3000 EB3-I GC/year.

    Regards,
    GCisadawg



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  • parvezmusani
    04-11 11:39 AM
    One of the immigration lawyers I talked to said that photocopy should be fine.

    Will only the receipt number work at all? Any idea folks?





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  • pointlesswait
    01-14 12:38 PM
    the fact that it applies only for illegals..


    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--

    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then.



    This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......



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  • SGP
    12-30 09:40 PM
    Can't agree less with you. You describe bosses too well. Look for another job and switch ;). Live a KING's life not of a Slave.

    If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.





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  • rangeela
    02-07 09:18 AM
    I have master's degree from US and 6 years of experience



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  • Ram_C
    11-08 01:17 PM
    Wish you all a happy and prosperous Diwali.

    -Ram.





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  • gapala
    05-29 03:02 PM
    Native Americans speak English from the day they were born and sometimes can't translate the spoken words to letter. .
    This truely made me laugh :D

    Good point though.. I agree with you.. This is coz.. the kids learn language by sound units not by word units.. They see their parents talk, often running words together to smoothen up a lil bit as a part of their speach music.. Kids follow.... and as they grow, if you ask them to put it in paper... damn!..they can't..

    There is a different version of same problem, kids in High school who can't read.. the language that they speak... Even in India, I have seen.. there are people who speak for Example (Konkani), can't read or write Devnagari script But they speak well... so.. here you go.. "Sound units to Word units.." :)



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  • syzygy
    07-10 09:13 AM
    Lets not hope for results just act. If Gandhi could drive Britishers out of India using this approach, USCIS is also made of human people and sure they will do something to lessen our pains.

    I seriously hope that the Director of the USCIS understands our "Gandhigiiri".

    We dont want the Americans thinking, "hey lets keep screwing these immigrants and getting stuff like free flowers and free blood from them"





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  • tooclose
    08-11 10:48 AM
    Hopefully they might be waiting to approve both AP and 485 together. (I am thinking they might have taken the amount on AP already)

    Take an info pass appointment to get more details if it is close to you.

    I am in Mar first week PD and hence dont know whether my PD is current yet (Aug VB). Planning to wait for the first week of September before taking an infopass appointment.



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  • paskal
    10-02 05:41 PM
    i'm there starting late tomorrow night...we'll plan something....
    will e mail or call you or something like that!





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  • kshitijnt
    11-15 05:31 PM
    If you were not told the correct bill rate, you can recover that money. Simply ask them in writing to show you the contract since you are on 70/30 basis. The written contracts, oral contracts, emails all stand in the court but how will you prove an oral contract? If you have found an offer that meets your expectations just quit. We all make the same mistakes. We spend our time on working out things where they are not working. Just "quietly" without your employer getting a hint, find a job and quit.





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  • WeldonSprings
    05-28 05:57 PM
    That is correct! The bills in the house and senate coming up for discussion does not mention visa re-capture. However, Please look at the titles-don't they sound the same. The contents are different. The content of S.424 is to give permanent residents the same STATUS as US citizens so that they can sponsor their wives, parents, brothers, sisters and doggies...So an amendment is necessary. That's why I have written in the original post-

    'The second bill Uniting American Families Act is in the US House. Though the intent of this bill is not the same as the senate bill S.1085 noted above; an amendment can be made to make it the same. Currently, they are scheduling a House hearing on 3rd. June, 2009 for that bill.'

    Friends, please use these two bills to gather momentum for congress. That is our ONLY hope for Summer 2009!


    Sorry to spoil the party guys..but it seems this hearing is for
    S 424 - Uniting American Families Act of 2009

    http://thomas.loc.gov/cgi-bin/query/D?c111:1:./temp/~c111NlehB4::

    and not S.1085 Reuniting Families Act ...

    I hope someone proves me wrong.... :mad::confused:





    jungalee43
    09-23 11:48 AM
    Finished calling all except those who are not in favor.
    Updated poll.





    Madhuri
    09-15 12:02 PM
    I agree with Mihir. It is your life and you have to be always plan for the worst case scenarios, especially when we (legal immigrants) do not have any god father.
    First and foremost, if you lose a job, it doesn't matter what your immigration status, life is going to become difficult for you and your dependents.

    I lost my job in the 7th year of H1 but since I had well researched and planned for that scenerio before entering into the 7th year, I am still here in a new job with an anticipated 3 year extension from 2007-2010.

    If a lobor from your previous job has been pending for more than 365 days, you are able to port the benefit of the 7+ year extensions to the new job. This will let you survive the 7th year job loss.
    ...



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