logiclife
12-20 04:54 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien’s admission.
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
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sam_hoosier
01-18 11:09 AM
Signed up for $20/month.
eastindia
08-11 02:57 PM
Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
See their board and IV name is in it
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
See their board and IV name is in it
2011 6quot; INCH SUPERLIFT KIT
dressking
09-26 11:53 AM
I think we should start a media campaign. Here is an easy way to get your message out to as many media outlet as possible: go to http://www.immigrantslist.org/page/speakout/dailies
By the way, I recommend Immigrants' List (http://www.immigrantslist.org). Although this organization is for all immigrants, both legal and illegal, legal and illegal are facing the same problem: the anti-immigration sentiment. And because of the problems in the immigration system, legal immigrants can sometimes become illegal without knowing it. Plus it is so difficult to jump through so many hoops that are designed to make you illegal, there is no point to let these laws enslave you.
We can only abide by the laws to certain extend and only if the laws are reasonable. If the laws are based on disrespect for us, we should not abide by those laws. We should fight to change those laws.
By the way, I recommend Immigrants' List (http://www.immigrantslist.org). Although this organization is for all immigrants, both legal and illegal, legal and illegal are facing the same problem: the anti-immigration sentiment. And because of the problems in the immigration system, legal immigrants can sometimes become illegal without knowing it. Plus it is so difficult to jump through so many hoops that are designed to make you illegal, there is no point to let these laws enslave you.
We can only abide by the laws to certain extend and only if the laws are reasonable. If the laws are based on disrespect for us, we should not abide by those laws. We should fight to change those laws.
more...
desi3933
02-11 07:40 PM
If someone port their EB3 i-485 to EB2, say somebody who's PD is in 2002.
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
Visa number is considered used only when I-485 is approved or immigrant visa is approved at US consulate.
Visa number is NOT allocated if I-485 is pre-adjudicated. Pre-adjudicated means that application can be approved but due to lack of visa number it must wait.
____________________
Not a legal advice.
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
Visa number is considered used only when I-485 is approved or immigrant visa is approved at US consulate.
Visa number is NOT allocated if I-485 is pre-adjudicated. Pre-adjudicated means that application can be approved but due to lack of visa number it must wait.
____________________
Not a legal advice.
akhilmahajan
09-11 10:06 AM
09/11/2008: Visa Recapture and Nursing Relief Bills Pushed Off to a Later Date by the House Judiciary Committee Yesterday
To a great disappointment to the business and higher learning institution communities, the House Judiciary was not able to debate these bills yesterday for a procedural matter and pushed off to a later date for its action. Please stay tuned to this website for the follow-ups.
To a great disappointment to the business and higher learning institution communities, the House Judiciary was not able to debate these bills yesterday for a procedural matter and pushed off to a later date for its action. Please stay tuned to this website for the follow-ups.
more...
javadeveloper
05-15 02:07 AM
Any Idea about the following MBA Distance Leaning Courses from India
1.SCDL-Symbiosis center for distance learning
2.IGNOU - ndira Gandhi National Open University
3.ICFA
4.NMIMS - Narsee Monjee Institute of Management Studies
Or any other institutes from India with reasonable fee structure.
1.SCDL-Symbiosis center for distance learning
2.IGNOU - ndira Gandhi National Open University
3.ICFA
4.NMIMS - Narsee Monjee Institute of Management Studies
Or any other institutes from India with reasonable fee structure.
2010 The 6quot; kit comes with the
immigrant2007
08-12 08:10 AM
Guys,
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have asked this question over and over again but Iv doesn't seem to entertain it. IV number crunchers are busy developing and applying patent for a sofware on GC estimation.
245(i) consumed EB3 worldwide quota and is responsilbe to backlog along with deliberate delay by USCIs.
But thas history now, what do we do in future matter more...I think If economy doesn't improves EB3s are infor a big shock.
Post election if Republicans win then they will do their best to deny GCs to all backlog guys so that they can enjoy thier loot (Social secuirty,foreclosed homes)...
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have asked this question over and over again but Iv doesn't seem to entertain it. IV number crunchers are busy developing and applying patent for a sofware on GC estimation.
245(i) consumed EB3 worldwide quota and is responsilbe to backlog along with deliberate delay by USCIs.
But thas history now, what do we do in future matter more...I think If economy doesn't improves EB3s are infor a big shock.
Post election if Republicans win then they will do their best to deny GCs to all backlog guys so that they can enjoy thier loot (Social secuirty,foreclosed homes)...
more...
PD_Dec2002
03-03 04:44 PM
My $0.02:
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.The 1 MM people in the line for EB green card (quoted from singhsa3's 02:48 pm post #6 http://immigrationvoice.org/forum/showpost.php?p=227738&postcount=6) as you say are highly skilled. And even though they have the money are not financially stupid (at least a significant chunk) to buy a house just for the lure of a green card. This "smart" significant chunk will buy a house when among other reasons, they believe market conditions are right and are comfortable with their decision. A house might be your single-most biggest investment/asset/liability that you will ever have and even a "gold" card (forget green card) will not make anyone place such bets.
We bought our house way back in 2002. We still don't have our green cards, but we bought it after evaluating the risks and rewards.
Regards,
Jayant
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.The 1 MM people in the line for EB green card (quoted from singhsa3's 02:48 pm post #6 http://immigrationvoice.org/forum/showpost.php?p=227738&postcount=6) as you say are highly skilled. And even though they have the money are not financially stupid (at least a significant chunk) to buy a house just for the lure of a green card. This "smart" significant chunk will buy a house when among other reasons, they believe market conditions are right and are comfortable with their decision. A house might be your single-most biggest investment/asset/liability that you will ever have and even a "gold" card (forget green card) will not make anyone place such bets.
We bought our house way back in 2002. We still don't have our green cards, but we bought it after evaluating the risks and rewards.
Regards,
Jayant
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deepakjain
08-11 11:41 AM
It's out now EB2 I and C are 08JAN05.
Visa Bulletin September 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4558.html)
2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......
filers till 2006 wait for an year, your GC will be in your wallet by 2010.
Filers till July 2007 wait till 2012 your GC's should be in your wallet.....
Visa Bulletin September 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4558.html)
2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......
filers till 2006 wait for an year, your GC will be in your wallet by 2010.
Filers till July 2007 wait till 2012 your GC's should be in your wallet.....
more...
wc_user
10-13 12:13 PM
Hi,
The response to my RFE reached USCIS on 10/12 at 9 am and I haven't got any online status update as of now - 10/13 1 pm EST. Should I be worried or does it generally take them some time to update their records. Just want to make sure that the RFE reached USCIS since the due date for RFE response is coming up soon.
Thanks.
The response to my RFE reached USCIS on 10/12 at 9 am and I haven't got any online status update as of now - 10/13 1 pm EST. Should I be worried or does it generally take them some time to update their records. Just want to make sure that the RFE reached USCIS since the due date for RFE response is coming up soon.
Thanks.
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sri1234
05-27 11:44 AM
I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?
I think American Citizens Drivers Licence do not have "Status Check" date where as Non-Immigrants have it.
I think American Citizens Drivers Licence do not have "Status Check" date where as Non-Immigrants have it.
more...
house 2011 GMC Sierra HD Chevy
pappu
01-17 01:43 PM
it is a slow process. This recurring contribution is a good process in long run. We will inspire our members to contribute. This will grow in to thousands eventually. Keep up the good work with our core objectives.
Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. Ultimately the onus of getting sucess is on each and every one of us. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
and start contributing today.
Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. Ultimately the onus of getting sucess is on each and every one of us. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
and start contributing today.
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rajuram
11-11 09:31 AM
It does not hurt to start planning now and get some bill moving as soon as he gets into office. May be if something can get attached to the 2nd stimulus package.
REMEMBER WE SHOULD MARKET HOW IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES. IT IS ALL ABOUT MARKETING.
I'd like to point out that Obama is the President-elect. He doesn't become the president until Jan 20 when he takes the oath. Right now the situation is exactly like it was before the election.
REMEMBER WE SHOULD MARKET HOW IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES. IT IS ALL ABOUT MARKETING.
I'd like to point out that Obama is the President-elect. He doesn't become the president until Jan 20 when he takes the oath. Right now the situation is exactly like it was before the election.
more...
pictures 4quot; 07 Chevy Silverado K1500
Kodi
05-27 11:23 AM
This happened to me in 2006, we went on a road trip from NY to Texas and wanted to visit the mexican border. On our way back they were stopping every vehical. We were on H1 visa at the time and he only checked our IDs and let us go. He was quite nice. I guess they were only looking for mexicans, we said we're from New York and our vehical plates said NY and he didn't ask any other questions.
On the other hand, I know some people who over stayed and they fly within US all the time. They don't have ID but they show their passport but was never asked for visa status. Weired I guess. They don't even check the visa in the passport.
On the other hand, I know some people who over stayed and they fly within US all the time. They don't have ID but they show their passport but was never asked for visa status. Weired I guess. They don't even check the visa in the passport.
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gc28262
12-20 05:39 PM
Yes, I did. In fact, many times.
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
more...
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jayleno
10-15 03:31 PM
Buddy did you even read what I said???
Looks like you have a plan here. Yep.. lets go ahead and irritate the hell out of USCIS and every agency out there.
I'm out of here guys
All the best..
Looks like you have a plan here. Yep.. lets go ahead and irritate the hell out of USCIS and every agency out there.
I'm out of here guys
All the best..
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bugmenot
06-13 02:05 PM
if Numbersusa is warning its members to call thier senators again and fight the bill its surely coming/come back, theyr always bang on with thier "inside info"
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tapukakababa
07-03 03:54 PM
I have contributed $100 yesterday. We can do it.
weasley
02-12 05:38 AM
True. We need members like desi3933 ( got GC and citizenship), United Nations (think he got GC) who spend time here and provide real details. I have read many posts of Desi3933 which are really helpful and he does speak with facts.
we need folks such as desi3933 here. No where he vented any frustration. Take your garbage and frustration some where else.
we need folks such as desi3933 here. No where he vented any frustration. Take your garbage and frustration some where else.
pcs
01-17 02:07 PM
I have seen IV grow from scratch & the progress is very impressive. We will get better response but we will not achieve any +ve results by calling people " beggars". I am sure, you said it out of frustation & may want Admin to delete your post, which has good intent but not so good language
Let us divide among ourselves & make 10 calls ( by each of us) to each individual, who has contributed in the past BUT has not signed for the monthly contribution..
I am quite sure, people, who contributed once will sign up once called by us.
My guess is .... we should be able to get 1000 contributing guys if we call these people.
Regards
Let us divide among ourselves & make 10 calls ( by each of us) to each individual, who has contributed in the past BUT has not signed for the monthly contribution..
I am quite sure, people, who contributed once will sign up once called by us.
My guess is .... we should be able to get 1000 contributing guys if we call these people.
Regards
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