logiclife
12-20 05:50 PM
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
wallpaper 23 SHARK ATTACKS
bigboy007
06-10 09:06 PM
It is unwise to be too sure of one's own wisdom. Pandering to the client base will not help the clients, it will only help the service provider.
rightly said. This is not first time this came up on radar. with success of TARP this comes up everytime we fix the system.
rightly said. This is not first time this came up on radar. with success of TARP this comes up everytime we fix the system.
Karthikthiru
09-11 11:03 AM
It is already approved by Immigration Sub-committe about 3-4 weeks back. It has to pass through judicial sub-committe
http://www.asianjournal.com/?c=201&a=29863
"In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."
http://www.asianjournal.com/?c=201&a=29863
"In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."
2011 the Bull Shark any day!
sri1309
01-25 11:40 AM
Please post Email/Letter content here, I can ask all my friend to send it to their respective Senator....
No more Discussion only ACTION.
Thnaks,
MDix
Pass this to as many friends as you can in school or in Job.
The Burning Problem
Long wait times of 5-10 years for EB2/EB3 Employment based greencard applicants from India.
We are unable to buy houses, change companies and be stuck with current employer, though we can start companies, jobs etc. This is all due to uncertainty in the greencard process. Spouses are unable to work due to visa problems.
What should you do:
You can submit your ideas here http://change.gov. You will be asked to register. Please do it with actual details with no fear. We are legal here and many of us have done it, there is nothing to fear. This is just one way to start.
I strongly recommend immigrationvoice.org, but please feel free to join any forums or multiple forum sites and create awareness and action.
And please make your friends aware of the problem, and make them join in the various immigration forums and help ourselves.
The details:
So far, there has been much action or participation on addressing the problem. This is totally unacceptable, when the issue affects 400-500,000 of applicants but those fighting for this cause are very few. We are legal immigrants who bring innovation, create value, build companies and jobs, and contribute in many ways to the economy. The system was fine 4-5 years back, but now it�s severely backlogged. Do not think �it is not my problem now�, because you will be also affected by the negative impact. Reports say only 5000 people are voicing their opinions, even though the problem affects more than 500,000 applicants (and their spouses).
What do we request the goverment:
1. A small administrative fix to recapture the lost visas because of administrative delays
2. Remove per country quota limits and make sure the system works efficiently. India sends more H1Bs than any other country, Some countries don�t send any anybody and in those cases the visas are just LOST. And in case of India, the backlogs are huge due to limited quota limits.
3. Applicants with Masters/PhD from US schools must get a greencard without much waiting.
4. Applicants with 5-10 years of Experience in the US must be able to get greencard very fast.
5. Applicants waiting for greencards for more than 5 years after applying must get them immediately.
Immigrationvoice.org is one good site to participate to name one. Let�s help ourselves and each other. Also register in this site or any other, and start contributing your ideas for your own good. Please pass it to as many friends as you can, and motivate them.
No more Discussion only ACTION.
Thnaks,
MDix
Pass this to as many friends as you can in school or in Job.
The Burning Problem
Long wait times of 5-10 years for EB2/EB3 Employment based greencard applicants from India.
We are unable to buy houses, change companies and be stuck with current employer, though we can start companies, jobs etc. This is all due to uncertainty in the greencard process. Spouses are unable to work due to visa problems.
What should you do:
You can submit your ideas here http://change.gov. You will be asked to register. Please do it with actual details with no fear. We are legal here and many of us have done it, there is nothing to fear. This is just one way to start.
I strongly recommend immigrationvoice.org, but please feel free to join any forums or multiple forum sites and create awareness and action.
And please make your friends aware of the problem, and make them join in the various immigration forums and help ourselves.
The details:
So far, there has been much action or participation on addressing the problem. This is totally unacceptable, when the issue affects 400-500,000 of applicants but those fighting for this cause are very few. We are legal immigrants who bring innovation, create value, build companies and jobs, and contribute in many ways to the economy. The system was fine 4-5 years back, but now it�s severely backlogged. Do not think �it is not my problem now�, because you will be also affected by the negative impact. Reports say only 5000 people are voicing their opinions, even though the problem affects more than 500,000 applicants (and their spouses).
What do we request the goverment:
1. A small administrative fix to recapture the lost visas because of administrative delays
2. Remove per country quota limits and make sure the system works efficiently. India sends more H1Bs than any other country, Some countries don�t send any anybody and in those cases the visas are just LOST. And in case of India, the backlogs are huge due to limited quota limits.
3. Applicants with Masters/PhD from US schools must get a greencard without much waiting.
4. Applicants with 5-10 years of Experience in the US must be able to get greencard very fast.
5. Applicants waiting for greencards for more than 5 years after applying must get them immediately.
Immigrationvoice.org is one good site to participate to name one. Let�s help ourselves and each other. Also register in this site or any other, and start contributing your ideas for your own good. Please pass it to as many friends as you can, and motivate them.
more...
neoneo
09-26 10:47 PM
senthil1 makes more sense then this!
I don't know who senthil1 is, nor do i care. If you nothing to reply please don't waste white space. My comments are not to stir up arguments but an observation.
I don't know who senthil1 is, nor do i care. If you nothing to reply please don't waste white space. My comments are not to stir up arguments but an observation.
pointlesswait
01-16 04:21 PM
about the dakumentary: nice idea
so the lead role must be an immigrant..i will gladly play the lead..;-)
Title: Harlot's of the GC
:rolleyes:
so the lead role must be an immigrant..i will gladly play the lead..;-)
Title: Harlot's of the GC
:rolleyes:
more...
stldude
07-11 02:23 PM
PD is May 2003, I-140 allready approved
485 sent on July 02 ( missed the boat by a day).
485 sent on July 02 ( missed the boat by a day).
2010 wallpaper Bull Shark amp;
paskal
07-03 09:13 PM
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
nixstor, you right of course. i was not comparing it to labor sub, just pointing out that there are a myriad of loopholes. the EB1C is hardly meant for employees already here- sending them out and bringing them back is legal- yet its very much a loophole being exploited. in many cases - again just my anecdotal observation, the position is not just a fake manager- yet the position is not the real "concept" of a multinational manager either. i have seen attorneys in big corporate firms getting EB1c by this method.
i do believe though that over time USCIS has become aware of this activity. A little skimming of EB1c posts on reveals a great deal of new scrutiny for the EB1c 1-140 petitions. The same is true when an entirely new employee is being brought in. they are asking a lot of questions on company structures, hierarchy and individual roles and responsibilities....
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
nixstor, you right of course. i was not comparing it to labor sub, just pointing out that there are a myriad of loopholes. the EB1C is hardly meant for employees already here- sending them out and bringing them back is legal- yet its very much a loophole being exploited. in many cases - again just my anecdotal observation, the position is not just a fake manager- yet the position is not the real "concept" of a multinational manager either. i have seen attorneys in big corporate firms getting EB1c by this method.
i do believe though that over time USCIS has become aware of this activity. A little skimming of EB1c posts on reveals a great deal of new scrutiny for the EB1c 1-140 petitions. The same is true when an entirely new employee is being brought in. they are asking a lot of questions on company structures, hierarchy and individual roles and responsibilities....
more...
webm
03-19 11:39 AM
I called USCIS this morning and the lady took 3 mnute to explain me why the delay was happening. She mentioned that they will conduct a sweep on Fri Apr 4th to determine the I-485 cases in light of new visa bulletin and that cases will be assigned to IOs by Mon Apr 14th.
Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
I will call again on Apr 4th and keep the forum updated.
Thanks for the update!! dude...
Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
I will call again on Apr 4th and keep the forum updated.
Thanks for the update!! dude...
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stucklabor
07-24 12:42 PM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
more...
slowwin
07-23 07:56 AM
now that the Small Business lending program has passed the 60 vote threshold, they would be putting Amndt. to it for vote. any idea, when sanders Amndt. will be vote on ?:mad:
hot shark attack
sri1309
03-09 01:10 PM
Anyone for May 09 predictions???
Lets start diong something. I'll start writing atleast one letter everyday to anyone who can help us. I'll start with Zoe Lofgren who was so supportive for us, and everyday I'll be writing to Obama on Change.gov.
I'll really appreciate comments on this bulletin from all of us disappointed once again, but would also like to see what action we can taKe.
We need action now.. this is too much. Next month or 2, the dates will become U, and then we start dreaming about Oct 1st.. Not good approach..
Anyone.. what will you be doing different today to fix our issues????
Lets start diong something. I'll start writing atleast one letter everyday to anyone who can help us. I'll start with Zoe Lofgren who was so supportive for us, and everyday I'll be writing to Obama on Change.gov.
I'll really appreciate comments on this bulletin from all of us disappointed once again, but would also like to see what action we can taKe.
We need action now.. this is too much. Next month or 2, the dates will become U, and then we start dreaming about Oct 1st.. Not good approach..
Anyone.. what will you be doing different today to fix our issues????
more...
house ull shark attack pictures.
hazishak
09-10 01:58 PM
Thanks, its working now. But seems really slow
Most of you either have a firewall or a proxy server to go out to the internet at your work locations, which allows for only TCP port 80. So if you are unsuccessful in getting the real player to work, try this:
when real player opens do the following:
click on tools->preferences->network transport->
then check the "manually configure connection settings"
click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Next
click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Enjoy!!
Most of you either have a firewall or a proxy server to go out to the internet at your work locations, which allows for only TCP port 80. So if you are unsuccessful in getting the real player to work, try this:
when real player opens do the following:
click on tools->preferences->network transport->
then check the "manually configure connection settings"
click on RTSP settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Next
click on PNA settings and uncheck everything except "Attempt to use HTTP for all contents" click OK.
Enjoy!!
tattoo The Bull Shark
CADude
07-23 05:27 PM
Will wait couple of weeks? worse come worse, will refile in Oct (by than USCIS will take some decision :))
My attorney has specifically advised us that we don't have to file again. My application reached NSC on July 2nd.
My attorney has specifically advised us that we don't have to file again. My application reached NSC on July 2nd.
more...
pictures ull shark attack pictures.
diptam
07-14 11:20 AM
Murthy sent the letter after LOGICLIFE declared that something GOOD is likely or on the way.... IV is doing the job and she is getting the fruit (money)by just publishing it. When the lawsuit issue came up she took U-turn saying its AILA's job...
When i first came to US , i worked with a guy who used to Publish the results of my hardwork without even mentioning my name and get promotion. When i went to him for my promotion he said this year's promotion quota has exhausted .
Anyway i left that company and those kind thiefs ( who steal credit for other work) long back but the distressing memory of exploitation hasn't left my mind.
Murthy will never mention Immigrationvoice or our effort on her website.
Murthy will always want to take credit for everything good even if she has no hand in it. She tried to take credit for the June bulletin. But she vanished when the July fiasco happened. Why did she not take credit for the July fiasco if she was so close to DOS and was so easily able to influence the June bulletin. It is publicity stunt of these lawyers and their websites to try to show off how influencial they are so that their clients are simply awed by them and give dollars to them as fees.
I want to ask Murthy this question-- How much money has she given to Immigrationvoice till now?
If she has not given any money, then it means she does not care about immigrants and this cause. It means she wants retrogression to stay so that she can make quick bucks off it.
When i first came to US , i worked with a guy who used to Publish the results of my hardwork without even mentioning my name and get promotion. When i went to him for my promotion he said this year's promotion quota has exhausted .
Anyway i left that company and those kind thiefs ( who steal credit for other work) long back but the distressing memory of exploitation hasn't left my mind.
Murthy will never mention Immigrationvoice or our effort on her website.
Murthy will always want to take credit for everything good even if she has no hand in it. She tried to take credit for the June bulletin. But she vanished when the July fiasco happened. Why did she not take credit for the July fiasco if she was so close to DOS and was so easily able to influence the June bulletin. It is publicity stunt of these lawyers and their websites to try to show off how influencial they are so that their clients are simply awed by them and give dollars to them as fees.
I want to ask Murthy this question-- How much money has she given to Immigrationvoice till now?
If she has not given any money, then it means she does not care about immigrants and this cause. It means she wants retrogression to stay so that she can make quick bucks off it.
dresses ull shark attack. sharks
jelo
04-09 11:11 AM
I spoke to the lawyer about IOs at POE calling the employers whether the H1bs can be replaced by citizens. His explanation made sense and this calling business looks suspicious.
As he said, we do not prove anywhere in H1b process that we are not going to replace citizens. we do prove that the job will be paid the prevailing wage at the location. So I dont know how the IO can call and ask that unless they have other strong reason to do so. I do here such news but not from any one I know and travelled.
As he said, we do not prove anywhere in H1b process that we are not going to replace citizens. we do prove that the job will be paid the prevailing wage at the location. So I dont know how the IO can call and ask that unless they have other strong reason to do so. I do here such news but not from any one I know and travelled.
more...
makeup eyes - Bull sharks thrive
prioritydate
12-20 04:08 PM
:D;)
I dont think you need to worry.. for you knwo what I am saying ...:D
May be I need to give a reason. I didn't worked for the whole year because there were no jobs. I just stayed at home depressed.
Not working and there by not getting salary signifies out of status? I am not sure about that. I didn't traveled outside of the country couple of times after that.
I dont think you need to worry.. for you knwo what I am saying ...:D
May be I need to give a reason. I didn't worked for the whole year because there were no jobs. I just stayed at home depressed.
Not working and there by not getting salary signifies out of status? I am not sure about that. I didn't traveled outside of the country couple of times after that.
girlfriend BULL SHARK
arvindkappula
01-19 12:19 AM
Since my statement about making copies of offical US documents is causing confusion, let me rephrase & elaborate -
I, as many of you were, was stopped and requested to provide proof of immigration status. I had a color photocopy of my US Visa Stamp of my passport.
Besides the fact that the Border Patrol agent denied the photocopy as proof of immigration status, he did let me go as soon as I provided my College ID and a DL, warning me that it is against the law to make a photocopy of an official US IMMIGRATION document FOR PERSONAL USE. I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE. So, while you are allowed to provide photocopies of official US documents for official government purposes, you cannot make copies of official US IMMIGRATION documents for personal use. I have a pretty busy schedule so I don't have the patience to search, cut and paste the section of the law which refers to this since I did research this at that time and deemed correct the Border Agent's warning.
Are you sure that you were able to make a color photocopy of your passport? How did you manage to do that, at your work copy machine or from Kinko's, Staples, office depot, or some where else?
The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).
I, as many of you were, was stopped and requested to provide proof of immigration status. I had a color photocopy of my US Visa Stamp of my passport.
Besides the fact that the Border Patrol agent denied the photocopy as proof of immigration status, he did let me go as soon as I provided my College ID and a DL, warning me that it is against the law to make a photocopy of an official US IMMIGRATION document FOR PERSONAL USE. I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE. So, while you are allowed to provide photocopies of official US documents for official government purposes, you cannot make copies of official US IMMIGRATION documents for personal use. I have a pretty busy schedule so I don't have the patience to search, cut and paste the section of the law which refers to this since I did research this at that time and deemed correct the Border Agent's warning.
Are you sure that you were able to make a color photocopy of your passport? How did you manage to do that, at your work copy machine or from Kinko's, Staples, office depot, or some where else?
The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).
hairstyles Tiger Sharks
senthil1
03-09 12:46 PM
Total H1B from India is around 52k in 2008. But china is less than 10k in 2008. This was the trend for past 5 years. Soon china EB2 and EB3 will be within acceptable waiting time will be less than 4 years and India waiting time will be 9 to 10 years.
China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
Jaime
09-10 01:12 PM
You are constantly and unjustly attacked - You are attacked by anti-immigrants who not only spread outrageously false rumors such as "High-skilled immigrants don't pay taxes" or "High-skilled immigrants lower wages" but also dismiss your contributions to the U.S. economy like patents, opening world-leading companies, etc etc by not acknowledging them. Lou Dobbs is a good example in the media, but anti-immigrants (which are not that many in numbers) make their presence felt everywhere.
mallu
02-14 01:08 PM
...... But truly they don't want too many immigrants from one or two specific country. ...
What about taking into account the current US population ( and calculating the per country counts and then decide which country needs more or less limit ? ) . In that case, i think many europian countries will be severely backlogged. :-)
What about taking into account the current US population ( and calculating the per country counts and then decide which country needs more or less limit ? ) . In that case, i think many europian countries will be severely backlogged. :-)
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