bluez25
07-22 06:02 PM
Thanks Sachu and Tinku for the confidence.. I got one from SFO Indian consulate. I will put the format in this thread when I get home.
Also I will update details when I get to India.
Also I will update details when I get to India.
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ysnraju
12-05 11:01 PM
In my case I have only one LUD after fingerprinting and then on 30 Nov 2007
again LUD I485 Card production ordered.
same with my spouse also.
_______________________
LUDs on Current Status of I485:
30 Nov 2007 : Card production ordered .
02 Dec.2007 : Card production ordered .
04 Dec 2007 : Approval notice sent.
For Both Self and Spouse.
Labor Filing Date: 27 Feb 2004
Service Center: Nebraska
Category: EB2
Application Mailed: 04 Jun 2007
USCIS Received Date: 05 Jun 2007
USCIS Notice Date: 14 Jun 2007
Filing Type: non-concurrent
I-140 Processing: regular
I-140 Approval Date: March 02, 2007
Fingerprinting Date : 15 Aug 2007
RFE: no
EAD Approval Date: 08 Sep 2007
AP Approval Date: 13 Sep 2007
Nationality: India
again LUD I485 Card production ordered.
same with my spouse also.
_______________________
LUDs on Current Status of I485:
30 Nov 2007 : Card production ordered .
02 Dec.2007 : Card production ordered .
04 Dec 2007 : Approval notice sent.
For Both Self and Spouse.
Labor Filing Date: 27 Feb 2004
Service Center: Nebraska
Category: EB2
Application Mailed: 04 Jun 2007
USCIS Received Date: 05 Jun 2007
USCIS Notice Date: 14 Jun 2007
Filing Type: non-concurrent
I-140 Processing: regular
I-140 Approval Date: March 02, 2007
Fingerprinting Date : 15 Aug 2007
RFE: no
EAD Approval Date: 08 Sep 2007
AP Approval Date: 13 Sep 2007
Nationality: India
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neeidd
10-15 11:44 PM
I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.
Thanks for your response
Thanks for your response
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sbabunle
04-13 03:50 PM
Its a nice vision. But as people getting green card they would
leave here..Any organization needs money to survive...Who
will donate it? But I agree that we need an organization
to represent ourselves.
Certain things we could address after GC Retrogression is
undercontrol ( if ever happens)
1. Address FBI name check issue..
2. Bring back VISA revalidation inside USA so that we
dont have to make a trip to US embassy..
3. Work for getting Social Security money back if we returns to home country.
....etc etc........
As time pass by old issues may be solved, but new issues will
surface.....
So I'll support an organization for sure!
thx
babu
I want to address this to everyone. Any organization needs a clear and precise Vision statement. Majority of the senior member complain that the people with green card and citizenship do not support immigration voice; then the question becomes what is our vision. If we confine ourselves to the benefit that we all should get green card, then what is the need for someone who has already got a green card to visit this web site. Humans are need based animals, whether you like it or not tomorrow if I get my Green Card (A big IF) it is very much likely that my visit to this website will be minimized. My priorities will be different. So core group should get a better vision statement which might address all immigrants.
The reason I came to immigration voice is slightly different, because I am still not convinced enough to accept that core group could do something which will make our law makers� act different. I support immigration voice on a bigger picture, it unites all immigrants together, and the website provides me support to all my immigration need. For example, I can search the website and find information regarding visa stamping, H1 quota and what my fellow countrymen think about it. So my sincere advice to the core group is to create a vision statement which is much bigger than the green card issue and which will make sure all immigrant no matter with green card or not will visit our website. Make the vision statement visible in the website. You have much better exposure through this. I have to agree, I am writing this out of frustration :D , but to be honest, do not treat this website for green card retrogression alone, treat it as something bigger, which will address all immigrant needs.
leave here..Any organization needs money to survive...Who
will donate it? But I agree that we need an organization
to represent ourselves.
Certain things we could address after GC Retrogression is
undercontrol ( if ever happens)
1. Address FBI name check issue..
2. Bring back VISA revalidation inside USA so that we
dont have to make a trip to US embassy..
3. Work for getting Social Security money back if we returns to home country.
....etc etc........
As time pass by old issues may be solved, but new issues will
surface.....
So I'll support an organization for sure!
thx
babu
I want to address this to everyone. Any organization needs a clear and precise Vision statement. Majority of the senior member complain that the people with green card and citizenship do not support immigration voice; then the question becomes what is our vision. If we confine ourselves to the benefit that we all should get green card, then what is the need for someone who has already got a green card to visit this web site. Humans are need based animals, whether you like it or not tomorrow if I get my Green Card (A big IF) it is very much likely that my visit to this website will be minimized. My priorities will be different. So core group should get a better vision statement which might address all immigrants.
The reason I came to immigration voice is slightly different, because I am still not convinced enough to accept that core group could do something which will make our law makers� act different. I support immigration voice on a bigger picture, it unites all immigrants together, and the website provides me support to all my immigration need. For example, I can search the website and find information regarding visa stamping, H1 quota and what my fellow countrymen think about it. So my sincere advice to the core group is to create a vision statement which is much bigger than the green card issue and which will make sure all immigrant no matter with green card or not will visit our website. Make the vision statement visible in the website. You have much better exposure through this. I have to agree, I am writing this out of frustration :D , but to be honest, do not treat this website for green card retrogression alone, treat it as something bigger, which will address all immigrant needs.
more...
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ruchigup
10-02 02:08 PM
If the attorney submitted G-28 for that particular petition (which got the RFE), then only the attorney gets the RFE. But I believe any one can respond to the RFE (yourself or another attorney) along with a new G-28 to change the representation.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
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Blog Feeds
09-01 10:00 PM
This is a recent update from the AILA Rome Chapter for the benefit of our readers. The State Department has substantially rewritten the FAM provisions relating to physical or mental disorders as medical grounds of inadmissibility. These significant changes, set forth at 9 FAM 40.11 N11, focus on physical or mental disorders with harmful behavior, and on substance-related disorders, corresponding to INA 212(a)(1)(A)(iii) and (iv), respectively.
The following is a summary of these sweeping revisions.
Introduction
As before, the mere presence of a physical or mental disorder does not by itself render a visa applicant inadmissible to the United States under 212(a)(1)(A)(iii). The trigger to inadmissibility is the presence of associated harmful behavior.
Key Concepts of Mental Health
In this new section, the Department defines the key concepts of physical and mental health disorders:
A "physical disorder" is a clinically diagnosed medical condition where the focus of attention is physical manifestations.
A "mental disorder" is a health condition characterized by alterations in thinking, mood or behavior.
"Harmful behavior" is an action associated with a physical or mental disorder that causes (or has caused) one or more of the following:
1. Serious injury (psychological or physical) to the foreign national or others. An example of harmful behavior to the foreign national is attempted suicide. An example of harmful behavior to others is pedophilia.
2. A serious threat to the health or safety of the foreign national or others. An example of a serious threat to both the foreign national and to others is driving while intoxicated.
3. Major property damage.
NOTE: The Department emphasizes the following principle: Only harmful behavior that is associated with a physical or mental disorder is relevant for the purpose of determining a medical inadmissibility.
A "substance-related disorder" can involve one of the following:
1. Substance dependence - compulsive long-term use of alcohol or other psychoactive substance despite significant problems (physical, social, and others).
2. Substance abuse - a pattern of recurrent use of alcohol or other psychoactive substance despite adverse consequences or impairment.
Remission in the context of mental or substance-related disorders is defined as "a period of at least 12 months during which no substance use or associated harmful behavior have occurred."
Class "A" medical conditions are those which render a visa applicant ineligible for a visa.
Class "B" medical conditions do not render a visa applicant ineligible for a visa, even though the applicant has a disease, disability or abnormality amounting to a substantial departure from well-being.
Alcohol Abuse or Dependence
The FAM changes stress that alcohol abuse or alcohol dependence constitutes a medical condition which can lead to inadmissibility. That said, a panel physician's diagnosis of alcohol abuse or dependence alone does not make an applicant ineligible to receive a visa unless there is evidence of associated harmful behavior which has, or is likely to pose a threat to the property, safety or welfare of the foreign national or others.
Consular officers are instructed to refer nonimmigrant and immigrant visa applicants to panel physicians if the applicant has a single alcohol-related arrest or conviction within the past five years, or if the applicant has two or more such arrests or convictions within the past decade. Officers should also refer applicants to panel physicians if, in the absence of DUI arrests or convictions, there is any other evidence to suggest that the visa applicant has an alcohol problem.
Role of the Panel Physician
Panel physicians have a central role in evaluating the existence of a physical or mental disorder or a substance-related disorder that would render an applicant ineligible for a visa. In performing a medical examination, the panel physician is responsible (inter alia) for identifying and diagnosing physical or mental disorders (including alcohol-related disorders); identifying harmful behavior associated with a disorder; and determining the remission status of any previously diagnosed disorder.
Class "A" or Class "B" Medical Conditions
Panel physicians may make the following diagnoses with regard to applicants referred for examination:
Class "A": The applicant has a physical or mental disorder with associated harmful behavior.
Class "A": The applicant has a disorder characterized by substance abuse or dependence.
Class "B": The applicant has a physical or mental disorder with no associated harmful behavior.
Class "B": The applicant has a history of a physical or mental disorder with associated harmful behavior which is unlikely to recur.
Class "B": The applicant's substance abuse or dependence is in full remission.
Neither "A" nor "B": The applicant has not been diagnosed as having a physical or mental disorder or a substance-related disorder.
Waivers for Immigrant Visa Applicants
An immigrant visa applicant who is determined to have a communicable disease of public health significance may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(i).
An immigrant visa applicant who objects on religious or moral grounds to receiving required vaccinations against vaccine-preventable diseases may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(ii).
An immigrant visa applicant who is determined to have a physical or mental disorder with associated harmful behavior may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(iii).
An immigrant visa applicant diagnosed with substance abuse or addiction is NOT eligible for waiver relief of the inadmissibility set forth in INA 212(a)(1)(A)(iv).
Waivers for Nonimmigrant Visa Applicants
Consular officers may recommend waivers per 212(d)(3)(A) for any of the medical-related grounds of inadmissibility set forth in 212(a)(1)(A).
More... (http://www.visalawyerblog.com/2010/09/us_visa_denials_medical_ground.html)
The following is a summary of these sweeping revisions.
Introduction
As before, the mere presence of a physical or mental disorder does not by itself render a visa applicant inadmissible to the United States under 212(a)(1)(A)(iii). The trigger to inadmissibility is the presence of associated harmful behavior.
Key Concepts of Mental Health
In this new section, the Department defines the key concepts of physical and mental health disorders:
A "physical disorder" is a clinically diagnosed medical condition where the focus of attention is physical manifestations.
A "mental disorder" is a health condition characterized by alterations in thinking, mood or behavior.
"Harmful behavior" is an action associated with a physical or mental disorder that causes (or has caused) one or more of the following:
1. Serious injury (psychological or physical) to the foreign national or others. An example of harmful behavior to the foreign national is attempted suicide. An example of harmful behavior to others is pedophilia.
2. A serious threat to the health or safety of the foreign national or others. An example of a serious threat to both the foreign national and to others is driving while intoxicated.
3. Major property damage.
NOTE: The Department emphasizes the following principle: Only harmful behavior that is associated with a physical or mental disorder is relevant for the purpose of determining a medical inadmissibility.
A "substance-related disorder" can involve one of the following:
1. Substance dependence - compulsive long-term use of alcohol or other psychoactive substance despite significant problems (physical, social, and others).
2. Substance abuse - a pattern of recurrent use of alcohol or other psychoactive substance despite adverse consequences or impairment.
Remission in the context of mental or substance-related disorders is defined as "a period of at least 12 months during which no substance use or associated harmful behavior have occurred."
Class "A" medical conditions are those which render a visa applicant ineligible for a visa.
Class "B" medical conditions do not render a visa applicant ineligible for a visa, even though the applicant has a disease, disability or abnormality amounting to a substantial departure from well-being.
Alcohol Abuse or Dependence
The FAM changes stress that alcohol abuse or alcohol dependence constitutes a medical condition which can lead to inadmissibility. That said, a panel physician's diagnosis of alcohol abuse or dependence alone does not make an applicant ineligible to receive a visa unless there is evidence of associated harmful behavior which has, or is likely to pose a threat to the property, safety or welfare of the foreign national or others.
Consular officers are instructed to refer nonimmigrant and immigrant visa applicants to panel physicians if the applicant has a single alcohol-related arrest or conviction within the past five years, or if the applicant has two or more such arrests or convictions within the past decade. Officers should also refer applicants to panel physicians if, in the absence of DUI arrests or convictions, there is any other evidence to suggest that the visa applicant has an alcohol problem.
Role of the Panel Physician
Panel physicians have a central role in evaluating the existence of a physical or mental disorder or a substance-related disorder that would render an applicant ineligible for a visa. In performing a medical examination, the panel physician is responsible (inter alia) for identifying and diagnosing physical or mental disorders (including alcohol-related disorders); identifying harmful behavior associated with a disorder; and determining the remission status of any previously diagnosed disorder.
Class "A" or Class "B" Medical Conditions
Panel physicians may make the following diagnoses with regard to applicants referred for examination:
Class "A": The applicant has a physical or mental disorder with associated harmful behavior.
Class "A": The applicant has a disorder characterized by substance abuse or dependence.
Class "B": The applicant has a physical or mental disorder with no associated harmful behavior.
Class "B": The applicant has a history of a physical or mental disorder with associated harmful behavior which is unlikely to recur.
Class "B": The applicant's substance abuse or dependence is in full remission.
Neither "A" nor "B": The applicant has not been diagnosed as having a physical or mental disorder or a substance-related disorder.
Waivers for Immigrant Visa Applicants
An immigrant visa applicant who is determined to have a communicable disease of public health significance may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(i).
An immigrant visa applicant who objects on religious or moral grounds to receiving required vaccinations against vaccine-preventable diseases may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(ii).
An immigrant visa applicant who is determined to have a physical or mental disorder with associated harmful behavior may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(iii).
An immigrant visa applicant diagnosed with substance abuse or addiction is NOT eligible for waiver relief of the inadmissibility set forth in INA 212(a)(1)(A)(iv).
Waivers for Nonimmigrant Visa Applicants
Consular officers may recommend waivers per 212(d)(3)(A) for any of the medical-related grounds of inadmissibility set forth in 212(a)(1)(A).
More... (http://www.visalawyerblog.com/2010/09/us_visa_denials_medical_ground.html)
more...
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uppaji
10-02 06:48 PM
BTW, who are these mebers? are they members from INW magazine??
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bfadlia
06-11 08:10 PM
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
It's an honor to have you in our forum, Mr. T :o
It's an honor to have you in our forum, Mr. T :o
more...
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waitingimmigrant
10-21 05:12 PM
thanks sandy and everybody... GCOP thanks for finding that info...
hope they look at it and take it forward anytime between now
and early/mid december... good luck all ....
hope they look at it and take it forward anytime between now
and early/mid december... good luck all ....
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Alabaman
06-16 09:19 AM
I agree. I have been doing this for a while (sending emails to CNN and Fox News) but with no impact... but with many hands on board I think we would get a better chance.
more...
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chanduv23
09-14 12:07 PM
So when are you all starting ?
Come on, lets not say 'nay' anymore
Come on, lets not say 'nay' anymore
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mrajatish
03-24 04:35 PM
Friends,
In your opinion, if we were to choose among the many amendments people are proposing to improve the pending immigration billsm what will you choose?
My choice is
1. Either remove country quota
or
2. Re-instate soft quota.
Other choices could include
1. Filing of 485 with pri dates
2. H1b extension by 3 yrs with pending labor
3. Including MBA under stem
One request - please think of the broader implications of your choice and not your case. E.g, my wife has 140 pending approval and 485 will help me immensely but I would rather have the GC than EAD, so that is why I chose country quota removal. It unfairly victimizes an individual for his/he country of birth.
In your opinion, if we were to choose among the many amendments people are proposing to improve the pending immigration billsm what will you choose?
My choice is
1. Either remove country quota
or
2. Re-instate soft quota.
Other choices could include
1. Filing of 485 with pri dates
2. H1b extension by 3 yrs with pending labor
3. Including MBA under stem
One request - please think of the broader implications of your choice and not your case. E.g, my wife has 140 pending approval and 485 will help me immensely but I would rather have the GC than EAD, so that is why I chose country quota removal. It unfairly victimizes an individual for his/he country of birth.
more...
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ita
11-12 09:40 AM
Go online and file AR11 right away, by giving out your pending case numbers you can update the address. After an hour or so, call USCIS customer service and verify whether the address has updated or not; also ask them to resend the card to your new address. You will receive a address change confirmation letter at your new address.
I went online to change address.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
I went online to change address.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
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dilbert_cal
07-10 12:17 AM
USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.
Thanks IndianIII - It is always possible that USCIS may check the employment details and in this particular case, since the company is closed, they would want alternate proof that you did work there. They might want an affidavit from your co-worker if possible as well. So, be prepared on those grounds.
Thanks once again IndianIII for contributing to the forums.
Thanks IndianIII - It is always possible that USCIS may check the employment details and in this particular case, since the company is closed, they would want alternate proof that you did work there. They might want an affidavit from your co-worker if possible as well. So, be prepared on those grounds.
Thanks once again IndianIII for contributing to the forums.
more...
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gc_chahiye
08-15 04:57 AM
Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -
there could be issues getting a tourist visa (non-immigration intent) once you have filed your I-140 here and displayed immigration intent.
there could be issues getting a tourist visa (non-immigration intent) once you have filed your I-140 here and displayed immigration intent.
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MatsP
March 24th, 2005, 05:59 AM
Thank Mats for your kind reply.
The problem is that I purchased the camera in Hong Kong few day ago and went back to my home country. I will not visit HK any time soon and the guarantee I received from the HK shop is not valid in any other country.
I have been told (since the last correspondence with alparsons above) that a common misshap with the D-100 is breaking the shutter glass/cover or mirror (I think) while attempting to attach a lense. I deeply hope that this is not the case since I will have to pay for it's repairment (3 days after spending about $1,400).
Any thoughts ?
Thanks.
David.
You should be able to see if the mirror is broken, misaligned or similar. Most cameras will actually function with the lens off. I don't know with the D100, but you could give that a try. Set it to manual and set the exposure to 30 seconds or something like that, and see if you can actually see something wrong in there.
I'm sure if you contact the shop, you could send the camera back for warranty work, assuming that shipping is less than the cost of repairs of course...
--
Mats
The problem is that I purchased the camera in Hong Kong few day ago and went back to my home country. I will not visit HK any time soon and the guarantee I received from the HK shop is not valid in any other country.
I have been told (since the last correspondence with alparsons above) that a common misshap with the D-100 is breaking the shutter glass/cover or mirror (I think) while attempting to attach a lense. I deeply hope that this is not the case since I will have to pay for it's repairment (3 days after spending about $1,400).
Any thoughts ?
Thanks.
David.
You should be able to see if the mirror is broken, misaligned or similar. Most cameras will actually function with the lens off. I don't know with the D100, but you could give that a try. Set it to manual and set the exposure to 30 seconds or something like that, and see if you can actually see something wrong in there.
I'm sure if you contact the shop, you could send the camera back for warranty work, assuming that shipping is less than the cost of repairs of course...
--
Mats
more...
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LookingForGC
12-09 02:51 AM
Friend of mine was started working in a diff job in few weeks. But his employer agreed and he didnt had any issue from his employer.
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sgorla
01-29 07:16 PM
logic,
I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).
As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.
I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).
As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.
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sertasheep
09-04 08:43 PM
Bump
AtulKRaizada
07-18 08:07 PM
Hello Atul
I agree only crying baby gets milk.
But only lucky applicants get green card :). Its not based on eligibility alone.
Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.
I think every year about 30K or more people are coming from India
on H1B. I think half of them apply for GC. At least 200K Indian nationals
alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.
A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.
What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
So what to do?
thanks
babu
I agree and I am also fully aware of the numbers, but just don't limit it to we Indians, every immigrant irrespective of origin is impacted. I hate to call it a donation, I rather say everybody contribute as much as possible. $100 is nothing compared to immigration fee and extortion by attorneys and consulting companies.
Somebody has to come forward and show leadership. Just sitting and waiting for every month Visa Bulletin is not going to take us anyware.
I agree only crying baby gets milk.
But only lucky applicants get green card :). Its not based on eligibility alone.
Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.
I think every year about 30K or more people are coming from India
on H1B. I think half of them apply for GC. At least 200K Indian nationals
alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.
A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.
What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
So what to do?
thanks
babu
I agree and I am also fully aware of the numbers, but just don't limit it to we Indians, every immigrant irrespective of origin is impacted. I hate to call it a donation, I rather say everybody contribute as much as possible. $100 is nothing compared to immigration fee and extortion by attorneys and consulting companies.
Somebody has to come forward and show leadership. Just sitting and waiting for every month Visa Bulletin is not going to take us anyware.
Bhadwaj
07-15 05:26 PM
Hello,
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
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