desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
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RNGC
02-24 10:49 AM
Thanks. Sent you a PM.
hrushi_j
09-10 03:27 PM
and will return at 5:00 PM
2011 smiling and laughing…
justAnotherFile
07-13 02:03 AM
i agree Murthy should have done this on the 3rd or on the 5th or even on the 9th, if she was sincere about it.
Why did she wait for this evening, she surely got wind that something is gonna happen and is trying to piggyback on that.
Why did she wait for this evening, she surely got wind that something is gonna happen and is trying to piggyback on that.
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coolmanasip
06-19 03:09 PM
My lawyer is asking for the tax returns for last three years for 485 filing??? I read W2s in the USCIS list but I do not know why he is asking for tax returns?? Any clue.....
letstalklc
06-11 12:21 PM
Thanks IV, great tool to send out emails.
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mygc2006
10-16 02:45 PM
PD is Aug 2002 / EB3 India / I 140 Approved / 485 Pending
2010 Smiling Puppy -
Macaca
01-28 10:22 AM
The concept of cap is informally and unofficially considered in US universities. In any enginerring class 40+% students are Chinese, Indian and Korean; I am not considering second generation who are American citizens. With such numbers, whatever happens in China, India and Korea happens in a class : there are 10 different languages in a class, international students have previous exams, international students work together on take home, etc. The educational system breaks down completely.
On the other hand, Engineering schools will shut down without Chinese, Indian and Korean. So there are no options.
In the next stage, they graduate and get jobs when the GC quota breaks down.
On the other hand, Engineering schools will shut down without Chinese, Indian and Korean. So there are no options.
In the next stage, they graduate and get jobs when the GC quota breaks down.
more...
frostrated
09-09 04:20 PM
I have read so many posts in the past where senior members have clearly said that their is nothing possible for EB3 alone and if something is possible it would be for EB.
(as per calculator, I am going to get my GC in 2030) Would contribution of all EB3 help them in any way?
Contributing money will not help, but contributing time and effort will go a long way in alleviating the pain that IV members are going through.
Make it a point to talk to the senators and representatives. They will have meet and greets every now and then. Go to those meetings. Set up appointments with them. Educate them.
If not, there is not going to be any CIR, and all the money that you send to IV will be a donation to IV, and that is all it is to it.
(as per calculator, I am going to get my GC in 2030) Would contribution of all EB3 help them in any way?
Contributing money will not help, but contributing time and effort will go a long way in alleviating the pain that IV members are going through.
Make it a point to talk to the senators and representatives. They will have meet and greets every now and then. Go to those meetings. Set up appointments with them. Educate them.
If not, there is not going to be any CIR, and all the money that you send to IV will be a donation to IV, and that is all it is to it.
hair quotes
singhsa3
03-03 05:09 PM
Folks,
Please help me in refining the message: I plan to send to some major media.
*****************************
Dear Sir/Madam,
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/showthread.php?t=17660
Yours truly,
Please help me in refining the message: I plan to send to some major media.
*****************************
Dear Sir/Madam,
We are an association of highly skilled immigrants, waiting for our permanent residency status. There are approximately one million such people in this situation.
Before we proceed to make our point, we would like you to consider the following facts regarding ourselves:
• Average age: 30-35 years
• Average years of stay in the USA (all legally): 7 years
• Average legal status in the USA: Final stage of the green card (called I-485 stage) and posses employment authorization document (EAD), renewable every year, indefinitely till one gets his green card.
• Average Salary: $75K+
• Average net worth: 100K-400K (mostly liquid)
• Average occupations: Information technology, Doctors and Financial Analysts
• Average education level: At least undergraduate
• Average credit history: Excellent
Note: If needed, we can cite the source of the information, which is from the government itself.
As mentioned earlier, we are in the final stage of our green card process and at this stage there are very few rejections (<1%). It means that we would eventually get our green cards but it may take several years. Please note that the final stage (called I-485 stage) is the stage, where the applicant has already been found eligible for immigrant visas (aka green cards). Since government can issue only limited number of such visas in a year, the wait becomes long. Please also note that after applying for I-485, people can get their EAD enabling them to work for any employer. The EAD has to be renewed every year and most of us have their EADs
Even though the chances of the rejection is very low but most people, out of fear, have been postponing any major investment decisions, like buying a house or a new car, in other words, living conservatively. In addition, due to the turmoil in the market, several of us, in spite of our excellent credit history, income and high liquid net worth may not qualify for loans as EAD is valid for only one year.
Our organization has been urging the government to fix the green card process or at the very least relax the hassles of the yearly renewal ordeal for EADs. Either of these things will bring certainty in our life and prompt some of us to take some big decisions.
We are writing to you with a hope that our situation will be highlighted and our intellectual and financial potential contribution to this country is appreciated. Please let know if you are interested discussing the matter further and how we can help each other.
We are conducting a small poll on one of the websites used for organizing ourselves. Almost 60% of the respondents are postponing the decision because of the situation they are in. The poll can be found at http://immigrationvoice.org/forum/showthread.php?t=17660
Yours truly,
more...
pitha
07-13 09:03 PM
I dont know her intentions but she is helping our cause. If you want to vent your anger, there is USCIS and DOS
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
hot cute quotes about smiles.
Legal
06-30 09:10 PM
The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
Thanks for the update.
Be assured we are considering all options. We are also working with like minded organizations and on
our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
visa bulletin that will change the current dates.
Please be patient and continue to support us. We will continue to update on the website as we have any more
update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.
Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.
IV may post update about its course of action as early as Sunday evening.
IV team
Thanks for the update.
more...
house Baby smiling.
senthil1
02-19 09:00 AM
My assesment is not based on any single case. If this comes as law then people who are here for more than 5 years will get gc immeditely. Because of that backlog will be reduced and waiting time also will be reduced for others those who are here less than 5 years and they will also get GC. Anyhow this bill will not be taken unless CIR is introduced
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
tattoo funny quotes about friends and
tejonidhi
09-10 04:23 PM
i guess they were very happy that they discussed the horse issue and they decided to take a well deserved break...as for 5882 who cares, as one poster mentioned, the horses are US citizens and they support the economy by eating grass. Republicans are happy because legal horses will be eating legal grass as opposed to illegals cutting and shipping grass to the horses. Democrats will be happy because the horses are well looked after.
... i am just venting but i think this is a sign of the times we live in :D .To the folks who say that everything will be ok with the new Prez comes, remember the congress will mostly stay the same.
where do we stand. I thought we are legal horses.
... i am just venting but i think this is a sign of the times we live in :D .To the folks who say that everything will be ok with the new Prez comes, remember the congress will mostly stay the same.
where do we stand. I thought we are legal horses.
more...
pictures Laughing doesnt mean I don#39;t
Openarms
10-20 11:47 AM
Well said... no other explaination is needed.
Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture.
Moreover it is during the democratic president that immigration got relaxed. At one point the H1 quota was raised to 200 thousand. It takes 8 or more years to get green card under republican rule. It wasn't the case during clinton years. Before you say that it is the house/senate that decides immigration policies, republican had control from 2000 to 2006. What has been done that has our chances improved?
If the topic posted is political, then the discussion is bound to get political.
Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture.
Moreover it is during the democratic president that immigration got relaxed. At one point the H1 quota was raised to 200 thousand. It takes 8 or more years to get green card under republican rule. It wasn't the case during clinton years. Before you say that it is the house/senate that decides immigration policies, republican had control from 2000 to 2006. What has been done that has our chances improved?
If the topic posted is political, then the discussion is bound to get political.
dresses smiling and laughing.
amitjoey
03-23 10:27 AM
There are people from northern california going to DC. Please join IV's NOR CAL group and you will get in touch with all of them
more...
makeup laugh laughing love quote
GCcomesoon
05-20 10:23 PM
Congrats Dude!
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
Thanks Buddy ,It looks like your case should be getting picked up soon,As mentioned my wife's case was received on July 7th, 2007 & I'm still waiting for her approval. I had been to immigration local office to schedule biometrics which they did & I got it done on 5/17 after which I got the Card in production email on 5/19.I hope to get the physical card in next few days.
I wish you all the luck. I'm sure you should see your approval in next 30-45 days max.
Regards
GCcomesoon
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
Thanks Buddy ,It looks like your case should be getting picked up soon,As mentioned my wife's case was received on July 7th, 2007 & I'm still waiting for her approval. I had been to immigration local office to schedule biometrics which they did & I got it done on 5/17 after which I got the Card in production email on 5/19.I hope to get the physical card in next few days.
I wish you all the luck. I'm sure you should see your approval in next 30-45 days max.
Regards
GCcomesoon
girlfriend Smiling Bulldog -
pappu
06-10 03:50 PM
OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out.
Please post this link on other forums and mail to friends asking them to join this action item.
Text of the Amendment on IV Wiki: http://immigrationvoice.org/wiki/index.php/US_Congress#Immigration_related_legislation.2C_con gressional_action_and_regulatory_actions
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out.
Please post this link on other forums and mail to friends asking them to join this action item.
Text of the Amendment on IV Wiki: http://immigrationvoice.org/wiki/index.php/US_Congress#Immigration_related_legislation.2C_con gressional_action_and_regulatory_actions
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asharda
07-05 04:12 PM
Added my $100 towards our common dreams and goals! I still vote to keep this site free for everyone's benefit. Believe me ppl will come around..took me a while but as they say better late than never!
IV you have our support! United we stand!
Paypal Confirmation Number: 8GH00265XS5850731
PD: Aug 04
RD: ????
Same here. Here's my small contribution in your big effort.
Best regards,
Google Order #853854384931851
IV you have our support! United we stand!
Paypal Confirmation Number: 8GH00265XS5850731
PD: Aug 04
RD: ????
Same here. Here's my small contribution in your big effort.
Best regards,
Google Order #853854384931851
inthehole
07-18 12:12 PM
hi tapukakababa, can you please provide me with a number for USCIS nebraska SC. I would like to talk to them as well.
Phone Number: 1-800-375-5283
Options 1, 2, 2, 6, 2, 2, 1 (For english)
Phone Number: 1-800-375-5283
Options 1, 2, 2, 6, 2, 2, 1 (For english)
weasley
02-12 05:38 AM
True. We need members like desi3933 ( got GC and citizenship), United Nations (think he got GC) who spend time here and provide real details. I have read many posts of Desi3933 which are really helpful and he does speak with facts.
we need folks such as desi3933 here. No where he vented any frustration. Take your garbage and frustration some where else.
we need folks such as desi3933 here. No where he vented any frustration. Take your garbage and frustration some where else.