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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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ajthakur
07-14 06:09 PM
I know I acted irresponsibly. Under the circumstances I had to. The person employing me was trying to use me for (something) for which my conscience didnt allow. So the decision to quit was best. I can't write all the circumstances here. I knew I could get into problems with immigration department for my irrational yet moral decision to quit company before 180 days. I think this problem with USCIS is far more acceptable than doing something for your employer that your heart doesnt allow you to.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
cableching
07-11 03:02 PM
I think movement in EB-3 for India nad Chine will be difficult, as most of the folks from ROW apply under EB3 and most of the applicants in EB2 are from India and Chine?
As a result EB-3 quota is used up easily and the per country limits apply for Indians and Chinese. Where as for EB-2, the per country limits do not apply as the ROW applicants are not that many.
As a result EB-3 quota is used up easily and the per country limits apply for Indians and Chinese. Where as for EB-2, the per country limits do not apply as the ROW applicants are not that many.
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shiva7
02-14 12:56 PM
Dear Administrator,
Thank you so much for giving me an opportunity to pay through paypal. I am proud of me for contributing $100.00 today.
I suggest that please keep an activated Paypal logo on our website so our comrades can understand that we could pay through paypal.
I read on our site that we could pay through paypal but didn't know how.
I am not so smart to learn that visa/mastercard/check logo will take me to paypal acoount login page. And so I didn't pay for a long time.
Thank you anyway. Let's continue to struggle.
Thank you so much for giving me an opportunity to pay through paypal. I am proud of me for contributing $100.00 today.
I suggest that please keep an activated Paypal logo on our website so our comrades can understand that we could pay through paypal.
I read on our site that we could pay through paypal but didn't know how.
I am not so smart to learn that visa/mastercard/check logo will take me to paypal acoount login page. And so I didn't pay for a long time.
Thank you anyway. Let's continue to struggle.
more...
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gimme_GC2006
05-12 02:48 PM
While I wait for GC and chewed up all finger nails, I thought its good time to think about adding a qualification to myself.
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
PresidentO
02-11 09:49 PM
Dude,
Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.
PresidentO,
I saw your past comment and it seems like you have an Attitude problem.
If something your are not agree or disagree that's fine but there is now way to go this far.
Its you who might have an attitude problem. You cannot take constructive criticism that was directed at our behavior in general. I was just pointing out how members in general fall prey to sensationalism and expect IV to answer that sensationalism. Get real dude! There was no personal attack intended or explicit towards any one in my post. I added facts and answered why there was NO spill over as the attorney is telling. You go back to your posts and check what you said. Do a bit of introspection before you resort to mudslinging. Adding facts helps members. Resorting to personal attacks on members such as desi3933 who has been extremely logical and rational in response with real data hurts the whole discussion. we need folks such as desi3933 here. No where he vented any frustration. Take your garbage and frustration some where else.
Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.
PresidentO,
I saw your past comment and it seems like you have an Attitude problem.
If something your are not agree or disagree that's fine but there is now way to go this far.
Its you who might have an attitude problem. You cannot take constructive criticism that was directed at our behavior in general. I was just pointing out how members in general fall prey to sensationalism and expect IV to answer that sensationalism. Get real dude! There was no personal attack intended or explicit towards any one in my post. I added facts and answered why there was NO spill over as the attorney is telling. You go back to your posts and check what you said. Do a bit of introspection before you resort to mudslinging. Adding facts helps members. Resorting to personal attacks on members such as desi3933 who has been extremely logical and rational in response with real data hurts the whole discussion. we need folks such as desi3933 here. No where he vented any frustration. Take your garbage and frustration some where else.
more...
jthomas
10-16 10:32 AM
As per IV core we should be doing lobbing and lobbing needs money. We had tried few times and the latest High Five had not collected enough money that can be used for lobbying. How can we count on our members to do something big.
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
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nojoke
09-18 12:05 AM
Armageddon or not, smart or fool, time will tell. My view is recession yes, outside chance of a depression. Armageddon...........not really.
Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.
I heard that he was asked by lehman to help them out and he politely refused.
I hope this recession/depression doesn't spread to Asia. India will be our refuge if this affects job market here.
Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.
I heard that he was asked by lehman to help them out and he politely refused.
I hope this recession/depression doesn't spread to Asia. India will be our refuge if this affects job market here.
more...
mallu
04-24 09:34 PM
Hi
After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.
Had anyone experienced this scenario ?
Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.
I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.
Thanks a lot
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
I131,I765 approved for both -Nov 2007
I485 approval mail - 04/24/08 - Myself
Waiting for spouse approval, physical Cards
Congrats ! Good to know that TSC is picking up India EB2 cases for approval ( whatever be the random order they have ).
After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.
Had anyone experienced this scenario ?
Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.
I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.
Thanks a lot
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
I131,I765 approved for both -Nov 2007
I485 approval mail - 04/24/08 - Myself
Waiting for spouse approval, physical Cards
Congrats ! Good to know that TSC is picking up India EB2 cases for approval ( whatever be the random order they have ).
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satyasrd
09-09 02:10 PM
Almost everyone I know these days applies in the EB2 category. If the gates open and EB2 is made current, I think it's in the best interest for EB3 to pack their bags and go home.
Just my 2 cents
Just my 2 cents
more...
rockstart
03-13 09:44 AM
Has any one working on EAD experienced delays in renewals and how does HR department react to such delay's. Least on H1 it is clear that you can work for 8 months on receipt.
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immigrant2007
09-10 12:42 PM
I thinkThis year will be good for EB3.
With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.
CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.
With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.
CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.
more...
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DesiGuy
09-11 10:56 AM
another hurdle and another uncertainty. wait goes on...
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greyhair
06-10 09:14 PM
There are always two sides of coin and so is the half glass full, a half glass empty.
Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.
Bhattji
Clearly the guys who proposed this bill do not think that it will have negative impact on the economy. To the contrary, these guys seem to think that it will free up jobs for Americans, currently occupied by the undeserving immigrants.
The intensity of these amendments are increasing. Earlier it was on Tarp companies. Now this amendment is for all companies that have laid off workers. I interpret the language to include "work authorization" which means EAD. Even if it doesn't include EAD, say this amendment will pass, then what is next? In next phase they will come after EAD, won't they?
Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.
Bhattji
Clearly the guys who proposed this bill do not think that it will have negative impact on the economy. To the contrary, these guys seem to think that it will free up jobs for Americans, currently occupied by the undeserving immigrants.
The intensity of these amendments are increasing. Earlier it was on Tarp companies. Now this amendment is for all companies that have laid off workers. I interpret the language to include "work authorization" which means EAD. Even if it doesn't include EAD, say this amendment will pass, then what is next? In next phase they will come after EAD, won't they?
more...
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venky08
08-15 04:39 PM
thats provided
a. their I-140 is approved
b. fingerprinting is done.
c. passed the fbi name check.
d. their case made it to the hands of adjudicator who is taking a final look at it.
it is difficult to finish all these in less than two months.
but you may never know, there might be some lucky ones.
just hope that we all are that lucky :)
some people who applied in June may get approved if their PDs are current. July/ Aug filers unlikely
a. their I-140 is approved
b. fingerprinting is done.
c. passed the fbi name check.
d. their case made it to the hands of adjudicator who is taking a final look at it.
it is difficult to finish all these in less than two months.
but you may never know, there might be some lucky ones.
just hope that we all are that lucky :)
some people who applied in June may get approved if their PDs are current. July/ Aug filers unlikely
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uma001
07-29 09:20 AM
Did the companies ever give in written that our gc will be filed? and H1 extension will be applied? If yes you have a case at hand otherwise frustration
The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
A promise is a promise whether verbal or written.
In this matter desi consultancies are far better.
The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
A promise is a promise whether verbal or written.
In this matter desi consultancies are far better.
more...
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anurakt
01-16 07:11 AM
Ok . I too signed up for $100 monthly
20$ : 200 to go.
50$ : 100 to go
100$ : 18 to go.
let's keep the count going forward.
20$ : 200 to go.
50$ : 100 to go
100$ : 18 to go.
let's keep the count going forward.
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amar123
07-03 11:12 PM
Do you know even to come to site and get some info also need money..
Not to hurt you but just giving one small example of why we need money...
I agree hosting /maintaining a site does take quite a bit of resources, I am not referring to it in this thread. But, I was hoping that IV can make a distinction of what it plans to do for the lawsuit from what AILF does. As I had mentioned, this would make it only more meaningful for IV members to contribute :)
I am not hurt, like I said I appreciate the effort you guys are putting in.
Also, I added another dig on the USCIS scandal:
http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)
Guys, digging is free, and if we can get it to 1000 digs, I am sure people will begin to notice if it is sensational news.
Not to hurt you but just giving one small example of why we need money...
I agree hosting /maintaining a site does take quite a bit of resources, I am not referring to it in this thread. But, I was hoping that IV can make a distinction of what it plans to do for the lawsuit from what AILF does. As I had mentioned, this would make it only more meaningful for IV members to contribute :)
I am not hurt, like I said I appreciate the effort you guys are putting in.
Also, I added another dig on the USCIS scandal:
http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)
Guys, digging is free, and if we can get it to 1000 digs, I am sure people will begin to notice if it is sensational news.
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battineni
07-13 11:05 AM
Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.
Congrats to all to have received it and good luck to those who have become current !
TooClose,
Don't worry you will get it soon....!!
I'm waiting for these dates from long longgggggg time....:-((
Congrats to all to have received it and good luck to those who have become current !
TooClose,
Don't worry you will get it soon....!!
I'm waiting for these dates from long longgggggg time....:-((
GCKaIntezar
01-18 09:14 AM
Its pathetic to see this thread going only to 5 pages, whereas the other thread w/discussion on 485 filing took that to almost 100 pages.
.soulty
03-19 11:02 PM
moved it, status closed now.. ;)
