clockwork
09-22 07:03 AM
dude,
I think, USCIS mails will not get forwarded to your new address. You got to change your address with USCIS. Hurry up!!!. I have seen documents returned to USCIS even after changing address with USCIS. So call USCIS customer service center and find out what those documents are? my 2 cents.
I think, USCIS mails will not get forwarded to your new address. You got to change your address with USCIS. Hurry up!!!. I have seen documents returned to USCIS even after changing address with USCIS. So call USCIS customer service center and find out what those documents are? my 2 cents.
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pd_recapturing
07-12 02:21 PM
Guys, Do you really think that we are here in US because of dollar to Rs exchange rate that makes our saving potential huge. I disagree with that. Atleast, I am here because of overall quality of life. I enjoy nature & greenery here that you can only enjoy in hill stations in India. I enjoy fresh air, not-so-crowded places and good living condions. In india, irrespective of how much rich you are, you cant enjoy these things. Again, this is my thinking. You may very well agree/disagree with this.
saketkapur
07-06 05:41 PM
Below is what Ron Gotcher is indicating on his forum:
New USCIS "unlawful presence" memo - Page 2 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-topics/8122-new-uscis-unlawful-presence-memo-2.html#post32729)
Re: New USCIS "unlawful presence" memo
--------------------------------------------------------------------------------
Here is what the law provides. This is from an amendment to 8 CFR 245:
Quote:
Adjustment of Status To That Person Admitted for Permanent Residence; Temporary Removal of Certain Restrictions of Eligibility
(March 26, 2001)
66 Fed. Reg. 58, Pages 16383-16390
. . .
What Effect Does a Grandfathering Petition Have on an Alien's Unlawful Presence in the United States if he or she Has Entered Without Inspection or Remained Beyond the Authorized Period of Admission?
The mere filing of a visa petition or application for a labor certification that has the effect of grandfathering the alien has no effect on an alien's unlawful presence in the United States and does not place the alien in a "period of stay authorized by the Attorney General" for purposes of section 212(a)(9)(B) of the Act (8 U.S.C. 1182(a)(9)(B)). Absent some other factor placing the alien in such a period of authorized stay, the alien continues to accrue periods of unlawful presence until he or she properly files an application for adjustment of status. A properly filed application for adjustment of status under Section 245(i) of the Act (8 U.S.C. 1255(i)) places the alien in a "period of stay authorized by the Attorney General" for purposes of section 212(a)(9)(B) and (C) of the Act (8 U.S.C. 1182(a)(9)(B) and (C)). Filing an application for adjustment of status stops the accrual of unlawful presence, but does not eliminate periods of unlawful presence accrued before such filing. [Emphasis added]
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
__________________
New USCIS "unlawful presence" memo - Page 2 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-topics/8122-new-uscis-unlawful-presence-memo-2.html#post32729)
Re: New USCIS "unlawful presence" memo
--------------------------------------------------------------------------------
Here is what the law provides. This is from an amendment to 8 CFR 245:
Quote:
Adjustment of Status To That Person Admitted for Permanent Residence; Temporary Removal of Certain Restrictions of Eligibility
(March 26, 2001)
66 Fed. Reg. 58, Pages 16383-16390
. . .
What Effect Does a Grandfathering Petition Have on an Alien's Unlawful Presence in the United States if he or she Has Entered Without Inspection or Remained Beyond the Authorized Period of Admission?
The mere filing of a visa petition or application for a labor certification that has the effect of grandfathering the alien has no effect on an alien's unlawful presence in the United States and does not place the alien in a "period of stay authorized by the Attorney General" for purposes of section 212(a)(9)(B) of the Act (8 U.S.C. 1182(a)(9)(B)). Absent some other factor placing the alien in such a period of authorized stay, the alien continues to accrue periods of unlawful presence until he or she properly files an application for adjustment of status. A properly filed application for adjustment of status under Section 245(i) of the Act (8 U.S.C. 1255(i)) places the alien in a "period of stay authorized by the Attorney General" for purposes of section 212(a)(9)(B) and (C) of the Act (8 U.S.C. 1182(a)(9)(B) and (C)). Filing an application for adjustment of status stops the accrual of unlawful presence, but does not eliminate periods of unlawful presence accrued before such filing. [Emphasis added]
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
__________________
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reddymjm
10-07 10:34 AM
BTW, instead of this, there is a process of extending tourist visa beyond 6 months. As long as you have applied for it, she can stay. If it is refused she will have to leave. I know someone who got extension for his parents this way. You may want to investigate this before spending money on air tickets
immi help dot com / visas / extend dot html
This got changed. If you don't get the extension or decision by the I94 expiry date you have to leave the country.
immi help dot com / visas / extend dot html
This got changed. If you don't get the extension or decision by the I94 expiry date you have to leave the country.
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vin13
12-07 01:55 PM
The question i had asked was specifically about quarterly spillover. According to Ron, the spillover may happen at anytime during the quarter and not necessarily at the end of quarter.
Here is the question that was asked:
Originally Posted by vin13
Ron,
According to Section 202(a)(5) of the Immigration and Nationality Act if the total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual “per-country” limit.
Based on this i was expecting EB-2 India dates moving significantly in Dec VB (end of quarter) due to left over visas falling down(from EB-1) and fall across (from rest of EB-2).
But we did not see much movement for EB-2 India in Dec 09 VB.
Do you think the spillover did not happen?
Or will it happen in Jan VB?
Or is the spillover happening only at the end of fiscal year even though the law states that it should happen quarterly?
Could you please help us understand how the quarterly spillover process works
Thanks
Ron's 1st Response
The law limits allocations in each of the first three fiscal quarters to no more than 27% of the overall quota. If the worldwide demand for visas in a specific category (such as EB2) is less than the number of visas available under the allocation, then applicants with qualifying priority dates, but who would otherwise be prevented from receiving visas as a result of the single state limit, are permitted to use these numbers.
Let's say, for example, that there are 5,000 visas in EB2 that will not be used during the current fiscal quarter. Then up to 5,000 EB2 applicants from China, India, Mexico, and the Philippines may receive these visas. The visas will be made available first to those with the earliest priority dates, irrespective of their countries of birth.
Ron's 2nd Response
The spillover happened. The problem is that we don't know how many of the cases in the CIS inventory documents were taken out in expectation of visa numbers being issued in October.
Here is the question that was asked:
Originally Posted by vin13
Ron,
According to Section 202(a)(5) of the Immigration and Nationality Act if the total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual “per-country” limit.
Based on this i was expecting EB-2 India dates moving significantly in Dec VB (end of quarter) due to left over visas falling down(from EB-1) and fall across (from rest of EB-2).
But we did not see much movement for EB-2 India in Dec 09 VB.
Do you think the spillover did not happen?
Or will it happen in Jan VB?
Or is the spillover happening only at the end of fiscal year even though the law states that it should happen quarterly?
Could you please help us understand how the quarterly spillover process works
Thanks
Ron's 1st Response
The law limits allocations in each of the first three fiscal quarters to no more than 27% of the overall quota. If the worldwide demand for visas in a specific category (such as EB2) is less than the number of visas available under the allocation, then applicants with qualifying priority dates, but who would otherwise be prevented from receiving visas as a result of the single state limit, are permitted to use these numbers.
Let's say, for example, that there are 5,000 visas in EB2 that will not be used during the current fiscal quarter. Then up to 5,000 EB2 applicants from China, India, Mexico, and the Philippines may receive these visas. The visas will be made available first to those with the earliest priority dates, irrespective of their countries of birth.
Ron's 2nd Response
The spillover happened. The problem is that we don't know how many of the cases in the CIS inventory documents were taken out in expectation of visa numbers being issued in October.
ksircar
08-13 03:16 PM
^^ bump ^^
hi,
i am on ead and now got a contract job offer on 1099.
My queations are:
1. Is it legal to be on 1099 with ead?
2. Do i need to form my own company right now before starting the job or i can wait for six months to start my own company?
3. Can i open the company in my name only (there is some problem to open it in wife's name)?
4. Assuming it is ok to open the company after six months, in the meantime if i get a rfe from ins regarding proof of employment, then how to respond to that rfe?
Thanks in advance.
hi,
i am on ead and now got a contract job offer on 1099.
My queations are:
1. Is it legal to be on 1099 with ead?
2. Do i need to form my own company right now before starting the job or i can wait for six months to start my own company?
3. Can i open the company in my name only (there is some problem to open it in wife's name)?
4. Assuming it is ok to open the company after six months, in the meantime if i get a rfe from ins regarding proof of employment, then how to respond to that rfe?
Thanks in advance.
more...
Kodi
06-22 09:54 AM
There's no option to contribute $50. How can I do it?
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walking_dude
11-19 11:03 AM
We need to get out of the 'inactivity' mode and work for our cause. Because, if we don't nobody else will!
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anilsal
11-22 03:31 PM
and shopping everyone.
Please also register with your state chapters, show your affiliation with your state chapter in your signature.
Please also register with your state chapters, show your affiliation with your state chapter in your signature.
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santb1975
03-18 03:01 PM
We should definately start a discussion around this
If you want we can talk about it.
Its always an issue and will always be an issue.
I guess we need to keep on working on it and keep on trying our best.
We have also faced the same problem, but with time people understand and try to help as much they can.
Dont be discouraged. If you want we can talk about it and come up with ways to keep the state chapters going on. It will help everyone.
Let me know what you think.
GO IV GO.
If you want we can talk about it.
Its always an issue and will always be an issue.
I guess we need to keep on working on it and keep on trying our best.
We have also faced the same problem, but with time people understand and try to help as much they can.
Dont be discouraged. If you want we can talk about it and come up with ways to keep the state chapters going on. It will help everyone.
Let me know what you think.
GO IV GO.
more...
miththoo
08-17 11:24 AM
Hi,
I would appreciate if someone let me know if recapturing the old PD invalidates the old 140/485 application. I have EB3 485 filed with PD Sep2002. Now if I file new 140 using the old PD i.e. Sep2002, will it invalidate my existing 140/485 applications.
Thanks,
Miththoo
I would appreciate if someone let me know if recapturing the old PD invalidates the old 140/485 application. I have EB3 485 filed with PD Sep2002. Now if I file new 140 using the old PD i.e. Sep2002, will it invalidate my existing 140/485 applications.
Thanks,
Miththoo
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abhishek101
08-05 01:49 PM
There is one wrinkle which everyone is missing, change in the law for CA driver's license. If you got your first CA license before 2004-2005 ( I am not sure of the year), the license does not need any documents and you can renew it by mail, period.
If you came to CA after that the law required you to present the valid I-94/AOS and the license was given till the date of expiry of I-94/AOS. If you are pending in with the visa extension then there is a problem and I have not found any way around it.
My extension is currently in process but since I came to CA in 2000 I could renew my license by mail in April for another 5 years, my wife's license ( who came here later) in expired and she cannot get a renewal doen without an approved visa.
May be this will help with the confusion.
If you came to CA after that the law required you to present the valid I-94/AOS and the license was given till the date of expiry of I-94/AOS. If you are pending in with the visa extension then there is a problem and I have not found any way around it.
My extension is currently in process but since I came to CA in 2000 I could renew my license by mail in April for another 5 years, my wife's license ( who came here later) in expired and she cannot get a renewal doen without an approved visa.
May be this will help with the confusion.
more...
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gc_chahiye
07-15 06:59 PM
watch out..be very careful from the GreenCard point of view and not just entering back into the country..During AOS(485 stage) they look into every aspect as to why did you not enter with the Company B H1 stamping..In fact this was one of the issue one person posted a thread here and is having a tough time now..
that persons problem was different. You are allowed to enter using the H1 stamping of company A even if you are no longer working for them. Whats important in such cases is that you present the I-797 of company B, and make sure that they note that on their records, and possibly write that WAC number behind your I94. If you enter using company A's stamping and company A's I-797, you have effectively changed your status back to company A. Now if you start working for B after entering, THAT is a problem.
that persons problem was different. You are allowed to enter using the H1 stamping of company A even if you are no longer working for them. Whats important in such cases is that you present the I-797 of company B, and make sure that they note that on their records, and possibly write that WAC number behind your I94. If you enter using company A's stamping and company A's I-797, you have effectively changed your status back to company A. Now if you start working for B after entering, THAT is a problem.
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BMWX5
04-13 12:35 PM
Karl65, a very professional approach on your part.
P.S. - I am still wondering what's BMW trying to do by starting this thread if he has already kicked his employers ass. By the way BMW, if you have already done it in the past you should write "have taught" rather than, "'want to teach" in the following sentence -
"I have a proof. Yes I want to teach him lesson.
Thanks for ur response."
and its "the proof" not "a proof" and you want to teach him "a" lesson.
Good day everyone
OK.
P.S. - I am still wondering what's BMW trying to do by starting this thread if he has already kicked his employers ass. By the way BMW, if you have already done it in the past you should write "have taught" rather than, "'want to teach" in the following sentence -
"I have a proof. Yes I want to teach him lesson.
Thanks for ur response."
and its "the proof" not "a proof" and you want to teach him "a" lesson.
Good day everyone
OK.
more...
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waitingnwaiting
05-29 10:25 AM
Which world are you living brother.
You are saying illegals have money, muscle and vote power.
Explain the three.
How can illegals have money. They are poor and not live in big homes and drive expensive cars like you legals.
How can illegals have muscle power? Are they more healthy than you. Legals have more money to eat healthy food.
How can illegals vote? They are not citizens.
You are also saying " In our case we have neither the money, nor the muscle or vote power, but have 100% of the law on our side"
So you are saying you legals have no money? All your US degrees and best and the brightest credentials are not of any use because you do not have money?
You are saying legals have no muscle. Are they weak or diseased?
You are saying they have no voting power. Only this part is correct. But what about getting support from employers and lawyers who help us with applications. Why can't we get support from them.
you are saying you have 100% law on your side. So why don't you fight legally. How many lawsuits legals have fought. I have not seen a single lawsuit. Its all talk talk talk. Legals are cowards. They can only talk on the forums. But they will spend time in indian temples or discount shopping and watching indian movies in spare time instead of doing anything for green card problem.
Dear All,
This is indeed a welcome step!
First of all entering a country illegally is wrong. It is a crime. After committing an illegal act, seeking protection by talking about civil rights, liberty etc is absolutley unfair. Every country has a right to enforce its borders.
Will it be ok if 10 million Pakistanis enter India, stay and work illegally? Please pause to think. Let us be fair!
Might is not right! Just because the illegals have a HUGE NO. they are arm twisting the government and also holding people like you and I to ransom. They are the ones who are preventing anything good happening to us. I am least bothered about what they do, till it affects the legal immigrants.
Why should we fall under the ambit of the CIR? In what way did we violate the process? The issue is simple ---> The illegals have all the money,muscle and vote power but 0% of the law on their side! In our case we have neither the money, nor the muscle or vote power, but have 100% of the law on our side.
I only hope Arizone wins the major legal battle too!
GOD bless the legal immigrant community!!!
You are saying illegals have money, muscle and vote power.
Explain the three.
How can illegals have money. They are poor and not live in big homes and drive expensive cars like you legals.
How can illegals have muscle power? Are they more healthy than you. Legals have more money to eat healthy food.
How can illegals vote? They are not citizens.
You are also saying " In our case we have neither the money, nor the muscle or vote power, but have 100% of the law on our side"
So you are saying you legals have no money? All your US degrees and best and the brightest credentials are not of any use because you do not have money?
You are saying legals have no muscle. Are they weak or diseased?
You are saying they have no voting power. Only this part is correct. But what about getting support from employers and lawyers who help us with applications. Why can't we get support from them.
you are saying you have 100% law on your side. So why don't you fight legally. How many lawsuits legals have fought. I have not seen a single lawsuit. Its all talk talk talk. Legals are cowards. They can only talk on the forums. But they will spend time in indian temples or discount shopping and watching indian movies in spare time instead of doing anything for green card problem.
Dear All,
This is indeed a welcome step!
First of all entering a country illegally is wrong. It is a crime. After committing an illegal act, seeking protection by talking about civil rights, liberty etc is absolutley unfair. Every country has a right to enforce its borders.
Will it be ok if 10 million Pakistanis enter India, stay and work illegally? Please pause to think. Let us be fair!
Might is not right! Just because the illegals have a HUGE NO. they are arm twisting the government and also holding people like you and I to ransom. They are the ones who are preventing anything good happening to us. I am least bothered about what they do, till it affects the legal immigrants.
Why should we fall under the ambit of the CIR? In what way did we violate the process? The issue is simple ---> The illegals have all the money,muscle and vote power but 0% of the law on their side! In our case we have neither the money, nor the muscle or vote power, but have 100% of the law on our side.
I only hope Arizone wins the major legal battle too!
GOD bless the legal immigrant community!!!
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martinvisalaw
01-26 10:40 AM
Based on the recent CIS memo, you are safer using an EAD for self-employment that trying to get a H-1B for this. The memo addressed H-1Bs and proving the employer-employee relationship.
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BMWX5
04-13 03:07 PM
Morrally employer will charge if you just graduated from the university. Employers can't pay for people who are working on high percentage and who don't care for them.
Since they have no clue when u will leave, they might have charged u
I worked for a fortune 30 company who sponsored me. But when i left with in some time, i paid legally 4000+ $ for the employer as H1 B expense which DOL said it is OK.
Ur employer can show some tricky things.
Also , he has blessed u anewlife with H1B and would have provided lot of benefits like training, accomodation, some addl stuff.
U should be thankful to your employer. If everyone reports to DOL about employers, then we Indians, called Desi employers and we all of us will go back to india and there no more GC Backlog
Zeroes, becareful while reporting to DOL. U might have done some things which can count against you if your employer wishes.
Also , he has blessed u anewlife with H1B and would have provided lot of benefits like training, accomodation, some addl stuff.
---- Not true.
Since they have no clue when u will leave, they might have charged u
I worked for a fortune 30 company who sponsored me. But when i left with in some time, i paid legally 4000+ $ for the employer as H1 B expense which DOL said it is OK.
Ur employer can show some tricky things.
Also , he has blessed u anewlife with H1B and would have provided lot of benefits like training, accomodation, some addl stuff.
U should be thankful to your employer. If everyone reports to DOL about employers, then we Indians, called Desi employers and we all of us will go back to india and there no more GC Backlog
Zeroes, becareful while reporting to DOL. U might have done some things which can count against you if your employer wishes.
Also , he has blessed u anewlife with H1B and would have provided lot of benefits like training, accomodation, some addl stuff.
---- Not true.
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plongwait
01-19 01:57 PM
Please give me your city/state you are in also send me an email when you sign up. I'll ask you further about the senator and congressman from your area.
I am in Cupertino, CA - 95014
I am in Cupertino, CA - 95014
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roseball
10-31 12:20 AM
On a similar note, here is our situation:
My wife's status changed from H4 to H1 on Oct 1st this year. She started working for a consulting company on H1 on October 1st....We already got our EADs...Since her job is 100% traveling, she is planning to quit her job and start looking for jobs locally to work on EAD...I am planning to continue working on H1 and I have no plans to change my job or use my EAD (my H1 valid till June 2009, PD Nov 2003, EB3 India, I-140 approved, July 2nd filer).
1) What is the best way for her to quit or change to AOS status from her current H1. Can she just fill out another I-9 form with EAD information and work for a few days and quit.....I am assuming she doesnt have to work once she is in AOS status (just incase there is a gap between the time she quits her current H1 job and finds a local job to work on EAD)
2) In future, if she plans to work on H1 for some reason, I am assuming she can file for a H1 with any employer without being counted in the quota, is it right? I am sure she will have to wait for the H1 to get approved before starting to work.....I am sure this shouldnt be a problem, right?
3) If she finds a job and works on EAD for more than a year and then if she has to work on H1, is the H1 approval still possible without being counted in the quota....I just dont want her to go through the pain of lottery once again.....Just trying to avoid it....
Just want to get some expert opinions.....Thanks for your time...
My wife's status changed from H4 to H1 on Oct 1st this year. She started working for a consulting company on H1 on October 1st....We already got our EADs...Since her job is 100% traveling, she is planning to quit her job and start looking for jobs locally to work on EAD...I am planning to continue working on H1 and I have no plans to change my job or use my EAD (my H1 valid till June 2009, PD Nov 2003, EB3 India, I-140 approved, July 2nd filer).
1) What is the best way for her to quit or change to AOS status from her current H1. Can she just fill out another I-9 form with EAD information and work for a few days and quit.....I am assuming she doesnt have to work once she is in AOS status (just incase there is a gap between the time she quits her current H1 job and finds a local job to work on EAD)
2) In future, if she plans to work on H1 for some reason, I am assuming she can file for a H1 with any employer without being counted in the quota, is it right? I am sure she will have to wait for the H1 to get approved before starting to work.....I am sure this shouldnt be a problem, right?
3) If she finds a job and works on EAD for more than a year and then if she has to work on H1, is the H1 approval still possible without being counted in the quota....I just dont want her to go through the pain of lottery once again.....Just trying to avoid it....
Just want to get some expert opinions.....Thanks for your time...
logiclife
01-24 01:42 PM
We dont prefer AILA's standard message. Its heavily tilted in favor of issues that are really not something Immigration Voice wants to get into.
However, if you want to use their system, please make sure that you have message that supports LEGAL immigration. I believe you can edit the message to your liking when using that system.
As I have indicated before, I am not a big fan of AILA and very few issues where our goals and their goals are similar. They have heavily favor labor substitution and usually they push for things that favor employers and put employers at a bigger advantage over employees.
However, if you want to use their system, please make sure that you have message that supports LEGAL immigration. I believe you can edit the message to your liking when using that system.
As I have indicated before, I am not a big fan of AILA and very few issues where our goals and their goals are similar. They have heavily favor labor substitution and usually they push for things that favor employers and put employers at a bigger advantage over employees.
kirupa
04-08 02:17 AM
The stamps are uploaded right here: http://www.kirupa.com/lab/kirupaStamps.htm :)
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