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logiclife
12-20 04:54 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
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.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
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.
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chanduv23
02-15 06:57 AM
I moved to a desi consulting company after I got layed off in 6th year of h1b. Things have worked out well after that and I got extensions as well as good salary everything is good, 140 approved, paperwork excellent etc.... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. They gave it but they started picking me for no reason, they got into a verbal rift with me and finally I had to talk to my employer and we deicded not to use their services anymore just for my case, because my employer was bullshitting to me that "Chandrakanth" is the only person having problem with the lawyer so "Chandrakanth will have a different Lawyer".
In general, there will be similar problems to any consultant, in my case, just the fact that my employer does treat me a bit fair and is willing to help.
So when you deal with consulting companies, be careful, not all employers will tend to support consultants.
I am now looking for an excellent lawyer who will straighten out things in terms of documentation and avoid mis representation of facts on my petitions (485 - long way to go). Till date, my current lawyer considered me a pain only because I was going over every petition of mine checking for discrepencies and they were not comfortable about it.
In general - based on what is going on in background during retrogression, consulting companies are under extreme sccrutiny for mis representing facts, so follow up ur petitions carefully.
In general, there will be similar problems to any consultant, in my case, just the fact that my employer does treat me a bit fair and is willing to help.
So when you deal with consulting companies, be careful, not all employers will tend to support consultants.
I am now looking for an excellent lawyer who will straighten out things in terms of documentation and avoid mis representation of facts on my petitions (485 - long way to go). Till date, my current lawyer considered me a pain only because I was going over every petition of mine checking for discrepencies and they were not comfortable about it.
In general - based on what is going on in background during retrogression, consulting companies are under extreme sccrutiny for mis representing facts, so follow up ur petitions carefully.
ryan
08-21 12:12 PM
I did not marry the man I was engaged to. .
Sorry to hear. We can debate on this form till the cows come home, however, I think it is best you contact an experienced / skilled immigration lawyer ASAP. Often there are alternatives and solutions an immigration lawyer can evaluate and put forth to you. IMO that is the best option at this point. I hope things work out for you, good luck.
Sorry to hear. We can debate on this form till the cows come home, however, I think it is best you contact an experienced / skilled immigration lawyer ASAP. Often there are alternatives and solutions an immigration lawyer can evaluate and put forth to you. IMO that is the best option at this point. I hope things work out for you, good luck.
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GotGC??
04-20 02:23 PM
[SIZE=3]Attn: California Members � Please participate in this event to support STRIVE ACT.
Will be there ! Go IV !!
Will be there ! Go IV !!
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conundrum
11-06 11:56 AM
btw, I didn't notarize my letter. I faxed in the FOIA request.
msgrewal81
02-19 12:18 AM
There is a big Hispanic lobby to represent illegals in Congress. Who is there to represent us and put our amendments - NOBODY. So, best is to either oppose it or die.
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GCKaIntezar
02-21 11:14 AM
Sorry I had 2/26 as Sunday in my previous post.
Thanks Sekar, please bring as many friends as you can. I plan to be there around 3:30pm.
Hi Guys when are you meeting in Durga temple Let me know I can come with some of my friends
Sekar
Thanks Sekar, please bring as many friends as you can. I plan to be there around 3:30pm.
Hi Guys when are you meeting in Durga temple Let me know I can come with some of my friends
Sekar
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smuggymba
06-11 08:57 AM
sent to TX senators.
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mps
02-13 01:30 PM
"ash123" - you need to correct your post for such a absurd choice of words ! :confused:
Just do some research on phrase "ethnic cleansing." :confused:
Just do some research on phrase "ethnic cleansing." :confused:
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tooclose
07-13 10:24 AM
It is not a contradiction to the previous statement.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)
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ponvas
09-26 09:43 AM
I jus send the mail to editor...
I've also send the link to businessweek and Nytimes..where they have written it correctly...
This is nicely being played by big lawyers. They used us for demostration and converted the propaganda to media as it is for H1B . Profitablity is more on new H1B
I've also send the link to businessweek and Nytimes..where they have written it correctly...
This is nicely being played by big lawyers. They used us for demostration and converted the propaganda to media as it is for H1B . Profitablity is more on new H1B
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srkamath
07-13 12:34 PM
Mnay July 07 filers have reported LUDs and RFE on their 485 this past year when their priority dates were not current. This means all the files that were received in or before July 27th 2007 at NSC have already been reviewed.
I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
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ItIsNotFunny
10-16 11:52 AM
yesterday some one left a red saying "go and sleep in your bedroom or something like that" :D,
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
Hey,
I mentioned very clearly that someone who didn't want to come in front did this. So definitely its not you as you wanted to express your opinion and discuss in public. I always appreciate other's suggestions as it will eventually bring us to right or better decision. I only hate people who don't want to do anything and curse people who want to do something.
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
Hey,
I mentioned very clearly that someone who didn't want to come in front did this. So definitely its not you as you wanted to express your opinion and discuss in public. I always appreciate other's suggestions as it will eventually bring us to right or better decision. I only hate people who don't want to do anything and curse people who want to do something.
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gc_on_demand
11-12 10:10 AM
We should do something like this ..
I hear Pelosi is asking for Lameduck session next week. Also heard somewhere that in order to start Lameduck session on any monday they need to send invitation to lawmakers by mid of week earliar than that monday. Haven't read so far that they will do lameduck for sure.
Pelosi is relying on Bush to give assurance that he will sign bailout for auto makers.
Anyway.. in any case if there will be session in Nov then we should see solid news 3-4 days before it. Once we get confirmed news about Lameduck session
(1) Senior members or Admins can contact Zoe's Office and find out if she is willing to push for HR 5882. If she says no and wait for some time then we can go to media awareness route and wait for some time.
(2) If she agrees I will make a list of all members of Judiciary committee whom we can start calling.
(3) Also we can have list of member of house and senate whom we can call.
(4) Meanwhile we will start a new funding drive along with call campaign. People will be motivated to donate if they see some movement. If we ask for money right now even 1 or 5 USD no one will donate it but once they see some movement people starts giving money.
(5) IV core team can ask support from competeamerica and other group.
(6) Other members who are in media industry can make awareness in media about our case with housing crisis.
I hear Pelosi is asking for Lameduck session next week. Also heard somewhere that in order to start Lameduck session on any monday they need to send invitation to lawmakers by mid of week earliar than that monday. Haven't read so far that they will do lameduck for sure.
Pelosi is relying on Bush to give assurance that he will sign bailout for auto makers.
Anyway.. in any case if there will be session in Nov then we should see solid news 3-4 days before it. Once we get confirmed news about Lameduck session
(1) Senior members or Admins can contact Zoe's Office and find out if she is willing to push for HR 5882. If she says no and wait for some time then we can go to media awareness route and wait for some time.
(2) If she agrees I will make a list of all members of Judiciary committee whom we can start calling.
(3) Also we can have list of member of house and senate whom we can call.
(4) Meanwhile we will start a new funding drive along with call campaign. People will be motivated to donate if they see some movement. If we ask for money right now even 1 or 5 USD no one will donate it but once they see some movement people starts giving money.
(5) IV core team can ask support from competeamerica and other group.
(6) Other members who are in media industry can make awareness in media about our case with housing crisis.
more...
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amsgc
07-04 08:04 PM
Legal,
The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.
The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.
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seeker999
08-11 03:23 PM
August 15th being Independence day.
In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is
Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)
I will be there and make sure the voice is heard. Do we have any standard document or something.
I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...
Just my thoughts...
In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is
Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)
I will be there and make sure the voice is heard. Do we have any standard document or something.
I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...
Just my thoughts...
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chanduv23
02-17 10:18 AM
for the update, StarRun.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
I agree. Flight tickets are discounted till the last 3 weeks, but if someone wnts to book at a later stage, they become expensive.
On another note, I think we must urge locals, and those in driving distance to really make it. People must take this very seriously.
Most EB3 have no clue whatsoever when the backlog clears. Everyone wants to just wait and discuss visa bulletins, but will not do anything. This includes EB3 ROW also.
People must step up and do some PR work.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
I agree. Flight tickets are discounted till the last 3 weeks, but if someone wnts to book at a later stage, they become expensive.
On another note, I think we must urge locals, and those in driving distance to really make it. People must take this very seriously.
Most EB3 have no clue whatsoever when the backlog clears. Everyone wants to just wait and discuss visa bulletins, but will not do anything. This includes EB3 ROW also.
People must step up and do some PR work.
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pappu
12-26 08:37 AM
Good idea.it would help if members can also list such sites and forums on the thread so that everyone can go and post. I like the idea of 'Waiting for your Green Card ? Read this .. Free Immigration Consultation!!! (no strings)' as the headline. People get attracted to such headlines.
I did a quick google search for 'desi forums' and found several http://www.google.com/search?hl=en&q=desi+forums&btnG=Google+Search
I am sure there must be several for other nationalities and several local sites like http://kcdesi.com/ all over the web.
it will only require a contribution of 15 minutes of your time to help in this effort.
I did a quick google search for 'desi forums' and found several http://www.google.com/search?hl=en&q=desi+forums&btnG=Google+Search
I am sure there must be several for other nationalities and several local sites like http://kcdesi.com/ all over the web.
it will only require a contribution of 15 minutes of your time to help in this effort.
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aristotle
07-18 03:11 AM
Can all the July 2nd filers update this thread if
- you have your application rejected and returned.
OR
- you get a receipt number or have your check cashed.
Please login and subscribe to this thread.
- you have your application rejected and returned.
OR
- you get a receipt number or have your check cashed.
Please login and subscribe to this thread.
kutra
03-05 09:07 PM
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
Best of luck trying to hold on to a falling knife. Here's some CA RE data for you to consider since you have so confidently predicted the bottom...
- http://www.dqnews.com/
- http://www.housingtracker.net/
- http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm
(http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm)
Anyway, I am not getting into any argument about whether you are correct or wrong. As I said, best of luck buying a house at this *exact* moment. I only hope other CA residents (and everyone across the US) do their own research before buying a house. If this fits in with your risks, rewards, plans, finances, etc. then by all means, go for it.
Best of luck trying to hold on to a falling knife. Here's some CA RE data for you to consider since you have so confidently predicted the bottom...
- http://www.dqnews.com/
- http://www.housingtracker.net/
- http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm
(http://money.cnn.com/2008/02/26/real_estate/Case_Shiller_year_end/index.htm)
Anyway, I am not getting into any argument about whether you are correct or wrong. As I said, best of luck buying a house at this *exact* moment. I only hope other CA residents (and everyone across the US) do their own research before buying a house. If this fits in with your risks, rewards, plans, finances, etc. then by all means, go for it.
Rajeev
01-31 04:28 PM
This is what I have come up with so far. Please everyone, feel free to modify this:
Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
EB3 moved 2 weeks in 10 months!
EB2 hardly moved in 10 months!
If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.
Do you know how this affects you?
� Frustration of sticking to the same employer and no career growth.
� Children not being able to get state benefits.
� Spouses unable to work.
� The feeling of unsettlement.
� Above all, tons of mental stress.
Do you want be in this mess for ever. I am sure you don�t. We deserve better.
We all have to fight together to fix this broken immigration system and achieve IV�s goals to
� Remove retrogression
� Remove backlogs in labor certification
� Remove backlogs in I-140 and I-485 processing
� Revise the way visa quotas for highly skilled workers are determined
Register FREE to become a member today!
www.immigrationvoice.org
Excellent job Varsha. I would like to modify one line.
Children not being able to get scholarships, cannot work or get state tuition benefits instead of 'Children not being able to get state benefits.'
Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
EB3 moved 2 weeks in 10 months!
EB2 hardly moved in 10 months!
If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.
Do you know how this affects you?
� Frustration of sticking to the same employer and no career growth.
� Children not being able to get state benefits.
� Spouses unable to work.
� The feeling of unsettlement.
� Above all, tons of mental stress.
Do you want be in this mess for ever. I am sure you don�t. We deserve better.
We all have to fight together to fix this broken immigration system and achieve IV�s goals to
� Remove retrogression
� Remove backlogs in labor certification
� Remove backlogs in I-140 and I-485 processing
� Revise the way visa quotas for highly skilled workers are determined
Register FREE to become a member today!
www.immigrationvoice.org
Excellent job Varsha. I would like to modify one line.
Children not being able to get scholarships, cannot work or get state tuition benefits instead of 'Children not being able to get state benefits.'
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