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fcres
07-23 03:52 PM
This is the press release in April that became effective Jun 18th http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
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jayz
08-15 05:28 PM
Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!
The reasoning that I can see is, you are comparing EB2 to EB3. EB2 gets higher preference than EB3, but I am not sure how the per-country rationing plays in this mix.
I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!
The reasoning that I can see is, you are comparing EB2 to EB3. EB2 gets higher preference than EB3, but I am not sure how the per-country rationing plays in this mix.
perm2gc
01-03 10:40 PM
I was trying to find out chinese portals, but no luck. I dont have any chinese friends who are stuck in this EB mess. Are we trying to get any chinese, philippino members?
yes.We want to increase our memberships from all communities.
yes.We want to increase our memberships from all communities.
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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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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
BlueSunD
03-04 01:39 PM
Ladies & gentlemen, we are now 6 days away from the due date!
Hope to see the completed versions of the wips we�ve seen so far, and maybe, of some we haven�t! ;)
Goodluck to everybody!
Hope to see the completed versions of the wips we�ve seen so far, and maybe, of some we haven�t! ;)
Goodluck to everybody!
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Openarms
08-11 02:42 PM
Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
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StarSun
03-15 09:04 AM
VA, MD, DC members please contact sukhwinderd for hosting members.
Members who have air miles to donate, please do so now - contact vin13.
Many members from the west side are requesting for such options.
Members who have air miles to donate, please do so now - contact vin13.
Many members from the west side are requesting for such options.
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rajuram
11-10 10:34 PM
We have no more excuses now.
1. Elections are over. So all arguments like "wait till the elections are over" do not apply.
2. We have a pro immigration president now.
3. Democrats are incharge of the house and the senate.
This is a good time to act. What is IV waiting for...
Ofcourse economy will grab the headlines, but it does not mean nothing else can be done. Do something before democrats start worrying about 2010 elections. Time to highlight that immigrants can help by buying houses (NPR had devoted some time to it recently, so they are aware, we just need to give it more publicity)
1. Elections are over. So all arguments like "wait till the elections are over" do not apply.
2. We have a pro immigration president now.
3. Democrats are incharge of the house and the senate.
This is a good time to act. What is IV waiting for...
Ofcourse economy will grab the headlines, but it does not mean nothing else can be done. Do something before democrats start worrying about 2010 elections. Time to highlight that immigrants can help by buying houses (NPR had devoted some time to it recently, so they are aware, we just need to give it more publicity)
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Jaime
09-10 02:28 PM
You want to buy a house, but can't - You don't want that commitment in case you get laid off and put "out of status" and forced to immediately leave the United States or face deportantion (and yeah, you need to leave all your Social Security payments and patents behind)
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jsb
08-15 04:26 PM
What do EB cutoff dates in Sept VB mean? All eligible for filing AOS did in July/Aug. Does it mean that USCIS will be giving visa (approving GC) to those within the new cutoff dates?
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ashwaghoshk
03-21 12:03 PM
Send me I'm. My prev post was deleted by mod becos they won't allow other websites to be published here
I checked on the site you mentioned. I can see so many approvals for the dates after mar-01. There are approvals on mar-01, mar-07, mar-09, mar-11, mar-12, mar-14, mar-15, mar-16 etc etc for the Atlanta center. I dont know what made you think that the process was slowed sin Mar-01.
I checked on the site you mentioned. I can see so many approvals for the dates after mar-01. There are approvals on mar-01, mar-07, mar-09, mar-11, mar-12, mar-14, mar-15, mar-16 etc etc for the Atlanta center. I dont know what made you think that the process was slowed sin Mar-01.
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rajarao
10-21 12:29 PM
I sent mine yesterday. Do we get an acknowledgement and a number after this?.
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neverbefore
07-15 05:27 PM
My case is exactly same as yours except my PD is Feb 27th and I received an RFE for Birth Certificate when the dates went current in 2008 August. Since then I saw LUD's for 3 weeks and then its been all quiet I am hoping that means application was pre adjudicated.
Folks, we had an interview in December of 2008 and the IO said that had the dates been current, she would have approved our 485.
Now that we should get current from August 1, can you hazard a guess as to what might most likely happen? Do you think we might get a biometrics notice once again since fingerprints expire after 1 year (my understanding)? Or do you think we might get a CPO notice? Or some other third thing?
Please enlighten. :confused:
Thanks and best regards.
Folks, we had an interview in December of 2008 and the IO said that had the dates been current, she would have approved our 485.
Now that we should get current from August 1, can you hazard a guess as to what might most likely happen? Do you think we might get a biometrics notice once again since fingerprints expire after 1 year (my understanding)? Or do you think we might get a CPO notice? Or some other third thing?
Please enlighten. :confused:
Thanks and best regards.
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meridiani.planum
03-13 11:48 AM
I believe you can get an interim EAD from local USCIS office once the application has been pending for 3 months...
not any more. Local offices stopped issuing interim EADs a year or two ago.
Now-a-days if your renewel does not complete on time (ie. you dont get new
EAD card in hand, on time) you need to stop working as soon as old one expires.
not any more. Local offices stopped issuing interim EADs a year or two ago.
Now-a-days if your renewel does not complete on time (ie. you dont get new
EAD card in hand, on time) you need to stop working as soon as old one expires.
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dummgelauft
08-21 09:28 AM
You are an illegal. Go back to Canada, and try properly.
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Madhuri
11-10 05:24 PM
I received receipt number from USCIS for my letter.
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sats123
12-28 12:57 PM
I had similar problem with United last year. I was flying thruogh Malaysian airlines and United charged me for extra 20 LBs. But it was checked in till India.
Both of the flights were on the same itinerary and were booked through Thai. United was asking for money for international part of the travel because he said that Thai would charge United for the extra weight if United checked in the luggage all the way to Bangkok, which isn't really true because Thai did allow 70 LB then. I am not sure what the regulation is now.
I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.
Both of the flights were on the same itinerary and were booked through Thai. United was asking for money for international part of the travel because he said that Thai would charge United for the extra weight if United checked in the luggage all the way to Bangkok, which isn't really true because Thai did allow 70 LB then. I am not sure what the regulation is now.
I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.
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rimzhim
04-04 03:29 PM
It is also the favorite trick of anti-green card reform groups like IEEE.
You are confused on this. IEEE is against increase of H1B visas. They have never said anything about GCs. If they have, show me where.
Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.
those who will feel abused are ones with advanced degrees from the US but did not get their H1B only to find someone from India has gotten an H1B. That person will feel abused because of the time (and maybe money) spent in getting the advanced degree.
You are confused on this. IEEE is against increase of H1B visas. They have never said anything about GCs. If they have, show me where.
Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.
those who will feel abused are ones with advanced degrees from the US but did not get their H1B only to find someone from India has gotten an H1B. That person will feel abused because of the time (and maybe money) spent in getting the advanced degree.
WAIT_FOR_EVER_GC
06-10 02:03 PM
Why r we fighting over pity things like EAD needs employment letter, their political position
etc. Wait for pappu's update and try getting as many people as you can to support this issue. We need a good head count to win this.
etc. Wait for pappu's update and try getting as many people as you can to support this issue. We need a good head count to win this.
crystal
02-15 04:48 PM
Can you let me know, why US is applying this logic to 15% of EB immigrants only, while leaving it open with out any limits for FBs and Others which constitues to the major part of immigration?
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
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