addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
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gcnirvana
08-07 12:23 PM
I still see it as 7/112007 !!! Am I missing something :o
hi all,
USCIS has edited the reciept update of NEBRASKA EMPLOYMENT BASED I-485 TO 7/1/07.please go thru this link.This means it is still looking after the june end applications for reciepts.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
hi all,
USCIS has edited the reciept update of NEBRASKA EMPLOYMENT BASED I-485 TO 7/1/07.please go thru this link.This means it is still looking after the june end applications for reciepts.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
vaishu
anyluck?
12-10 06:48 PM
I was single at that july 07 fiasco, now repenting.wife cannot work. no tunnel, no light.
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Keeme
08-14 03:53 PM
This is what will help us to clear backlog ! Wanted to post it few days back when news came from UK they wanted to bring more immigrants as one of solution to get their economy back on track.
Guys, IF any thing may come as 'rescuer' this year and help us to come out from this backlog and move the dates forward in next year visa bulletins, that would be 'current economy and housing market situation'. IF any thing can convinced Congress to clear visa recapture bill this year, it would be only 'current housing market situation'. To get the economy back on track next year, housing market has to be improved and its not happening !
EB3 guys - Just hang on ! Good news are on your way !
Guys, IF any thing may come as 'rescuer' this year and help us to come out from this backlog and move the dates forward in next year visa bulletins, that would be 'current economy and housing market situation'. IF any thing can convinced Congress to clear visa recapture bill this year, it would be only 'current housing market situation'. To get the economy back on track next year, housing market has to be improved and its not happening !
EB3 guys - Just hang on ! Good news are on your way !
more...
eb3_nepa
06-10 10:28 AM
Phone calls "is the need of the hour" - please call the CHC members urging them to support Congresswoman Lofgren's bills.
Making phone calls is the best form of Gandhigiri at this moment
Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
Making phone calls is the best form of Gandhigiri at this moment
Why not do a flower campaign or the like, that we did last time? Clearly that worked and the phone campaign doesnt "have the appearance" of working. I am not saying it is not working, it just isint having the same media impact as last time. It doesnt have to be the flower campaign again, heck we can do a fruit basket deal this time.
Our message should be "Please stop punishing people that came here the right way, in order to help the people that did not". We are not against undocumented workers getting amnesty, we just dont want their issues to hold up everyone else's.
coopheal
07-05 01:41 PM
I contacted WI senators office and told about the visa bulletin changes.
Also called WPR to highlight the injustice done to legal immigrants by changing the visa bulletin on the day USCIS was supposed accept the I-485.
Also called WPR to highlight the injustice done to legal immigrants by changing the visa bulletin on the day USCIS was supposed accept the I-485.
more...
Suva
07-18 02:17 PM
He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.
receipt date if your PD is current.
receipt date if your PD is current.
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gcwatchdog
11-06 01:05 PM
so If I don't work parttime but I want to start a LLC to hire some people and want to maintain my H1.........Is it possible ??????????
more...
Nagaraj
09-16 11:44 AM
Hi,
Just contributed $100.:) Wish IV all success for the September 18th rally.
Way to Go IV and its spearheaders! ;)
-Nagaraj
Just contributed $100.:) Wish IV all success for the September 18th rally.
Way to Go IV and its spearheaders! ;)
-Nagaraj
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Alabaman
07-20 01:06 PM
Thats why we need to participate in the CNN Youtube video debate. See link
http://edition.cnn.com/ELECTION/2008/youtubedebates/index.html
Them democrats, they will never help us. Because as per them "we are stealing jobs". We should really start something like the flower campaign to expose all these double talkers. I mean go and see the youtube video by Hillary about how she likes legal immigrants and all that BS. Now contrast that with her "Ney" vote for an amendment which would have helped the legal immigrant community to a great extent. With the momentum that we have currently with media, we should really start exposing these people for who they are, a bunch of hypocrites!.
http://edition.cnn.com/ELECTION/2008/youtubedebates/index.html
Them democrats, they will never help us. Because as per them "we are stealing jobs". We should really start something like the flower campaign to expose all these double talkers. I mean go and see the youtube video by Hillary about how she likes legal immigrants and all that BS. Now contrast that with her "Ney" vote for an amendment which would have helped the legal immigrant community to a great extent. With the momentum that we have currently with media, we should really start exposing these people for who they are, a bunch of hypocrites!.
more...
BEETU
08-02 05:18 PM
Sirkondoji,
Good job and thank you from my heart if this is going to be true. Please find me one more thing, where can i have info for my wife and son's I 94 going to get it, my H1B extension approved on 28th April 2007. Please.
Thanks
Good job and thank you from my heart if this is going to be true. Please find me one more thing, where can i have info for my wife and son's I 94 going to get it, my H1B extension approved on 28th April 2007. Please.
Thanks
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donsimahajan
06-20 05:58 PM
You guys should update the tracker as you get your approvals, remember.
http://www.trackins.com/immigrationtrackers/philadelphia-backlog-tracker/
http://www.trackins.com/immigrationtrackers/philadelphia-backlog-tracker/
more...
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LostInGCProcess
09-10 12:53 PM
Please help me understand this:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
The Dept. of State's web site has the visa bulletin for SEpt 2008 as:
EB INDIA
--------------------
1st C
2nd 01AUG06
3rd U
And the US Consulate's web site at Mumbai has:
EB INDIA
------------
E1 Current
E2 1 April 2003
So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?
I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:
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tikka
07-20 02:40 PM
I set it up for 50 USD reoccuring contributions.
Cheers!
thank you for your contribution.. :)
Cheers!
thank you for your contribution.. :)
more...
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Macaca
06-18 10:51 AM
Please post your concerns in Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&boardsparam=Page%3D3)
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chanduv23
09-12 02:02 PM
I totally agree with "bsbawa10" , Not many people will involve if its a matter of spending 30-50$ and for sure stuff like Calculators and clock will go to the Kids of USCIS officers and their friends as Thanksgiving "Gifts". I think we should send mass letters to all the involved agencies with posters. Not only all the people will be involved, it will be difficult for USCIS to redirect the stuff to some orphanage/veterans Hospitals etc. Just my 2 cents.
Flower campaign had similar fate - 2 to 3 truck loads of flowers just went into hospital. it was more of Lofgren involvement that helped us.
We need to think with cool heads and execute things properly - first organize ourselves - gain support - consult our counsel - come out with proper plan of execution.
Flower campaign had similar fate - 2 to 3 truck loads of flowers just went into hospital. it was more of Lofgren involvement that helped us.
We need to think with cool heads and execute things properly - first organize ourselves - gain support - consult our counsel - come out with proper plan of execution.
more...
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JunRN
09-28 10:08 PM
Well, do you want to be the most cursed person in the world?:D
Regards,
IK
Putting myself in their shoes...that's why I don't curse them...not even once...I pray that they do their job honestly and efficiently...that's the least they can do for us...
who knows some of them are legal immigrants as well!
Regards,
IK
Putting myself in their shoes...that's why I don't curse them...not even once...I pray that they do their job honestly and efficiently...that's the least they can do for us...
who knows some of them are legal immigrants as well!
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eb3retro
03-04 02:44 PM
got an RFE on my case alone, not sure abt the details, since i have not recieved it in hand. you can know my PD details in the signature.
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mpadapa
06-24 02:35 PM
RNGC, excellent thread, looks like pessimistic folks have taking this thread for a ride.
America stands to loose in many ways. Here is why..
A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder’s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.
Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
This leads to reverse-brain drain phenomena who's effects to the economy are well documented.
Here is couple of NFAP study about
The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Driving Jobs and innovation offshore:
http://www.nfap.com/pdf/071206study.pdf
Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.
Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.
EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.
People,
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
America stands to loose in many ways. Here is why..
A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder’s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.
Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
This leads to reverse-brain drain phenomena who's effects to the economy are well documented.
Here is couple of NFAP study about
The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf
Driving Jobs and innovation offshore:
http://www.nfap.com/pdf/071206study.pdf
Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.
Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.
EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.
People,
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
coolpal
02-04 12:25 PM
My wife has H1B processed in maiden name -(i 797, i-94, stamping). she recently changed her maiden name to married name. she changed her name in SSN and Passport. DMV in NJ are asking to change the name in immigration office. We spoke to the immigration authority and they say there are no relevant forms to make the name change. If anybody have solution let me know.
Explain to the DMV about this... and try not to go on a weekend. They are extremely busy on weekends are easily irritated. Find them when they are relatively calm and free...
pal :)
Explain to the DMV about this... and try not to go on a weekend. They are extremely busy on weekends are easily irritated. Find them when they are relatively calm and free...
pal :)
eb3retro
07-11 11:53 AM
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
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