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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Jaime
09-14 01:06 PM
We mean EVERYONE!!! DC is not far!!! Let's all go!!!
What will it take to change your mind????
If you are within 4-5 hour drive of Washington you shouldn't even be debating whether to go or not. The decision is: YES!!!!!
What will it take to change your mind????
If you are within 4-5 hour drive of Washington you shouldn't even be debating whether to go or not. The decision is: YES!!!!!
stucklabor
07-25 08:43 PM
Guys,
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Once more unto the breach, my English friends.
BKarnik, there are sections in INA that use the phrase "Employment Authorization". For instance, see this base page for INA.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20?f=templates&fn=document-frame.htm#slb-act
Sec. 106 deals with Employment authorization of battered spouses, right on the front page of the link. There are other sections in INA that deal specifically with Employment Authorization. The problem obviously is that each class of aliens eligible for Employment Authorization has their EAD specified in their own section. 8CFR ties all of these classes together in a single place.
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Once more unto the breach, my English friends.
BKarnik, there are sections in INA that use the phrase "Employment Authorization". For instance, see this base page for INA.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20?f=templates&fn=document-frame.htm#slb-act
Sec. 106 deals with Employment authorization of battered spouses, right on the front page of the link. There are other sections in INA that deal specifically with Employment Authorization. The problem obviously is that each class of aliens eligible for Employment Authorization has their EAD specified in their own section. 8CFR ties all of these classes together in a single place.
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alex99
10-29 08:57 PM
^^^^^^^^^^^^
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akilhere
10-11 12:44 PM
Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.
RFE email: Sept 10, 2010
RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
Reponse to RFE sent on : Oct 05, 2010 via USPS
Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]
feedfront
I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.
Please let me know.
Thanks,
RFE email: Sept 10, 2010
RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
Reponse to RFE sent on : Oct 05, 2010 via USPS
Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]
feedfront
I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.
Please let me know.
Thanks,
paulavijit
03-17 09:08 AM
Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
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immig4me
02-28 09:06 AM
Sukhwinder is coordinating the efforts on carpool and hosting options.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
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RNGC
09-19 09:38 AM
I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.
This is my from of contribution.
Excellent....Our Logo should also change to "Legal Immigration voice"...
Smart thinking memyselfandus!
This is my from of contribution.
Excellent....Our Logo should also change to "Legal Immigration voice"...
Smart thinking memyselfandus!
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delhirocks
07-01 10:16 PM
I am amazed to see these new born baby members cropping up these days from nowwhere questioning IV. No wonder we are popular and feared by anti immigrants. If you guys think IV cannot do something, then go have beer and eat chips. If you think IV can do something, then tell your lobbyists to oppose our lobbyists and stop us.
Well...I guess its a good sign if thats what happening...
Well...I guess its a good sign if thats what happening...
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Ramba
07-14 06:01 PM
Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
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485Mbe4001
07-28 06:09 PM
i guess now i know why EB3 I is being ignored, is is a VERY VERY VERY INDIA specific issue ? :p
My Friends.
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
My Friends.
Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.
IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.
Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:
1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.
(FYI: I am an Indian and a proud to be one btw.)
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thomachan72
05-26 05:00 PM
The point, like ACLU said, is : People should not be stopped/searched/questioned for no reason. It must be done only in response to a suspicious activity.
This treatment of non-citizens vs. citizens is similar to black people not allowed to sit in the front seats. Just a new form of profiling.
I completely agree. This is supposed to be the most advance nation on earth. If we show the drivers lisense and give them the social security number, shouldn't they be able to see whether we are legal or not? Carrying the I-94 is a possibility but it is not a picture ID. I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time. I understand such requirements for B1/B2 who dont establish residence and are either in a hotel / somebody elses apartment. The bottom line is, "times are bad and they are looking for somebody to direct all their anger and unfortunately it is us that they have chosen". I still dont understand the logic behind this. Americans hate people comming here to work but appreciate people staying in their own country and producing cheap goods to be marketted here. There is also this quite ridiculous situation with the drivers lisense, right? most states we have to retake the whole damn test, yes computer and the acutal driving test, each year when we renew the H1b!! Interesting way the past immigrants treat the future immigrants!!
This treatment of non-citizens vs. citizens is similar to black people not allowed to sit in the front seats. Just a new form of profiling.
I completely agree. This is supposed to be the most advance nation on earth. If we show the drivers lisense and give them the social security number, shouldn't they be able to see whether we are legal or not? Carrying the I-94 is a possibility but it is not a picture ID. I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time. I understand such requirements for B1/B2 who dont establish residence and are either in a hotel / somebody elses apartment. The bottom line is, "times are bad and they are looking for somebody to direct all their anger and unfortunately it is us that they have chosen". I still dont understand the logic behind this. Americans hate people comming here to work but appreciate people staying in their own country and producing cheap goods to be marketted here. There is also this quite ridiculous situation with the drivers lisense, right? most states we have to retake the whole damn test, yes computer and the acutal driving test, each year when we renew the H1b!! Interesting way the past immigrants treat the future immigrants!!
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go_gc_way
12-28 11:13 AM
Thanks Boreal,Subba.
I looked at the following sites
1) www.aapkamanoranjan.com
2) www.lokvani.com (This is a paper magazine as well).
Wrote to the editors of lokvani, if they can post a classified , they do not have free classifieds. aapkamanoranjan, wont let me send them feedback or contact them.
This is a good beginning. We have posted in several sites, having completed this we all will have completed a good effort for IV (INFACT FOR YOU)
Can other members please come forward and list the sites that are regional in their cities and post in them .... 15 minutes and you will have contributed to this thread :-).
What do you folks suggest, shall I change the thread name to something more attractive ...to get evrey one's one's attention on the Forum first. :-)
I looked at the following sites
1) www.aapkamanoranjan.com
2) www.lokvani.com (This is a paper magazine as well).
Wrote to the editors of lokvani, if they can post a classified , they do not have free classifieds. aapkamanoranjan, wont let me send them feedback or contact them.
This is a good beginning. We have posted in several sites, having completed this we all will have completed a good effort for IV (INFACT FOR YOU)
Can other members please come forward and list the sites that are regional in their cities and post in them .... 15 minutes and you will have contributed to this thread :-).
What do you folks suggest, shall I change the thread name to something more attractive ...to get evrey one's one's attention on the Forum first. :-)
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optimist578
03-02 04:58 PM
NJ Fellows,
Has anybody contacted Congressman Albio Sires? Is anybody interested to join me? I am trying to schedule a meeting with him next week.
Thanks.
kamla345@yahoo.com
Has anybody contacted Congressman Albio Sires? Is anybody interested to join me? I am trying to schedule a meeting with him next week.
Thanks.
kamla345@yahoo.com
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ItsLife
06-10 09:34 PM
Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?
-----
Once you get your EAD and move on you dont have to worry about this stupid memo. Anyone who is trying to fool you is scaring you including this stupid eastIndia. Dont spread false rumours.
-----
Once you get your EAD and move on you dont have to worry about this stupid memo. Anyone who is trying to fool you is scaring you including this stupid eastIndia. Dont spread false rumours.
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GCKaIntezar
01-30 10:31 AM
Yes. Ajay and I'll take care of the Metropark distribution.
Re: EBC Radio
For 2 times a day AD, for a month would cost $1000 + $300 (One time, Ad prep cost) = $1300. It would cost $1000 (from month 2 onward)
If we sign-up for a year, they give a free program for 30 minutes (10 minutes intro/conclusion etc, so 20 minutes really).
If we only want to do the 1/2hr program, it would cost $500.
In my opinion, distributing fliers is the BEST and Most cost-effective option. Because our goal (with any type of marketing) is to bring-in more membership/contribution, paying $1800 (1 month ad + 1 program) = 90 people pitching-in for $20 contribution.
I say we leave this Radio/TV Ads option, and just concentrate on distributing fliers and meeting with congressmen/congresswomen as a group in addition to meeting them 1:1.
-Sanjay
Hi varsha,
I think sanjay or Rajeev was suppose to work with Ajay in metropark
Sekar
Re: EBC Radio
For 2 times a day AD, for a month would cost $1000 + $300 (One time, Ad prep cost) = $1300. It would cost $1000 (from month 2 onward)
If we sign-up for a year, they give a free program for 30 minutes (10 minutes intro/conclusion etc, so 20 minutes really).
If we only want to do the 1/2hr program, it would cost $500.
In my opinion, distributing fliers is the BEST and Most cost-effective option. Because our goal (with any type of marketing) is to bring-in more membership/contribution, paying $1800 (1 month ad + 1 program) = 90 people pitching-in for $20 contribution.
I say we leave this Radio/TV Ads option, and just concentrate on distributing fliers and meeting with congressmen/congresswomen as a group in addition to meeting them 1:1.
-Sanjay
Hi varsha,
I think sanjay or Rajeev was suppose to work with Ajay in metropark
Sekar
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thescadaman
02-08 06:44 PM
I plan on attending the event in DC this April. I have emailed the details in our Texas IV yahoo group with my request for sponsorship with Travel and stay.
thescadaman TX.
thescadaman TX.
girlfriend Slackware Linux
GCKaIntezar
02-20 08:39 PM
Durga Temple Plan for Sunday 2/26
All-
Vineet and I chated today and he confirmed our appointment at Durga Temple in South Brunswick. Please reply to this message and confirm that you will be coming in. The tentative time to reach and setup the table is between 4:00-4:30pm.
So far I have me and Vineet coming in. We need atleast 3 more to join us in this drive.
Ajay,
I left you a voice mail on this also.
Thanks,
Sanjay
All-
Vineet and I chated today and he confirmed our appointment at Durga Temple in South Brunswick. Please reply to this message and confirm that you will be coming in. The tentative time to reach and setup the table is between 4:00-4:30pm.
So far I have me and Vineet coming in. We need atleast 3 more to join us in this drive.
Ajay,
I left you a voice mail on this also.
Thanks,
Sanjay
hairstyles Slackware,
priti8888
02-16 03:13 PM
What is the % of chinese, Indians in USA ?
14% Asians Americans in US. (includes indians,chinese koreans, viatnamese, japanese etc)
I dont know about India and china specifically.
There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.
You do the math.
Not sure if the totals include GC holders
14% Asians Americans in US. (includes indians,chinese koreans, viatnamese, japanese etc)
I dont know about India and china specifically.
There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.
You do the math.
Not sure if the totals include GC holders
dhirajs98
06-11 02:16 PM
Sent an email out and forwarded it to 4 friends.
Mr. Brown
03-10 04:29 PM
Hello,
I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.
I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.
By re-capturing the visa numbers, we are not asking for any change in the immigration laws. We are simply asking to use the visa numbers that had been lost due to inefficient processing by the USCIS.
Let us start preparing a petition and create a dedicated fund to achieve this goal of visa number recapturing.
Thank you.
Great thought about being focussed on one topic that doesn't even need a "reform"!Simplest solution to the retrogression problem I have heard so far.
I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.
I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.
By re-capturing the visa numbers, we are not asking for any change in the immigration laws. We are simply asking to use the visa numbers that had been lost due to inefficient processing by the USCIS.
Let us start preparing a petition and create a dedicated fund to achieve this goal of visa number recapturing.
Thank you.
Great thought about being focussed on one topic that doesn't even need a "reform"!Simplest solution to the retrogression problem I have heard so far.
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