lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
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prad123
05-05 11:32 PM
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
spicy_guy
07-12 05:46 PM
Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks
can it be done without the help of an attorney...????
Its YOUR application to USCIS. You don't need an attorney.
Go to USCIS and search for docs required.
can it be done without the help of an attorney...????
Its YOUR application to USCIS. You don't need an attorney.
Go to USCIS and search for docs required.
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ugotdude
11-21 11:03 AM
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I'm not able to open this URL? Getting the following message
404 - Requested Page Not Found on Site
The page you requested, http://www.uscis.gov/files/pressrel...h22_091206R.pdf, is not on our site.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I'm not able to open this URL? Getting the following message
404 - Requested Page Not Found on Site
The page you requested, http://www.uscis.gov/files/pressrel...h22_091206R.pdf, is not on our site.
more...
Jaime
09-10 04:23 PM
Let's not waste this opportunity!!! Let's go guys!!!! Getting to DC requires a sacrifice, but you will be SO glad you went once you see how great we can make it!!!! We can only make it great is you come though!!!
vin13
03-10 09:52 AM
Just to give some of the members information on how airline miles could be used.
typically we would need at least 25,000 miles to redeem a round trip ticket.
Sometimes some individuals may have let say 20,000 miles. they are 5,000 short of a round trip. Then, we can use someone else who may have about 5000 miles to transfer to the individual with 20,000 to make up the 25,000 for redeeming.
There is always a transfer fee associated. typically transferring 5000 miles will cost about $50.
It is not practical to combine several accounts of 2000, 5000, etc to make up 25,000 miles because the transfer fee alone will get to be around $250 to $300. For $300 you might as well just buy the ticket.
Some of you have been willing to offer a couple of thousand miles. this would be used only if i can find someone who is just a few thousand miles short of 25000 so we can combine.
I am keeping a log of all the miles donors. Please be aware that not all miles can be used especially when they are just a few thousand miles.
Miles Donors when you PM me, please mention how many miles you would like to donate. Some of you are sending me a message that you would like to donate some miles. But if you do not mention how much miles you have, i cannot decide if we can use them.
Also individuals who need air ticket please PM me.
thanks
typically we would need at least 25,000 miles to redeem a round trip ticket.
Sometimes some individuals may have let say 20,000 miles. they are 5,000 short of a round trip. Then, we can use someone else who may have about 5000 miles to transfer to the individual with 20,000 to make up the 25,000 for redeeming.
There is always a transfer fee associated. typically transferring 5000 miles will cost about $50.
It is not practical to combine several accounts of 2000, 5000, etc to make up 25,000 miles because the transfer fee alone will get to be around $250 to $300. For $300 you might as well just buy the ticket.
Some of you have been willing to offer a couple of thousand miles. this would be used only if i can find someone who is just a few thousand miles short of 25000 so we can combine.
I am keeping a log of all the miles donors. Please be aware that not all miles can be used especially when they are just a few thousand miles.
Miles Donors when you PM me, please mention how many miles you would like to donate. Some of you are sending me a message that you would like to donate some miles. But if you do not mention how much miles you have, i cannot decide if we can use them.
Also individuals who need air ticket please PM me.
thanks
more...
gc28262
06-11 08:49 AM
I know at least one person ( US citizen) who decided to be on unemployment benefits rather than working even though he can find at least 2 jobs. He says it is better to be on unemployment benefit rather than working for the same amount of money.
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sodh
07-23 03:56 PM
I had same conversation with my lawyer, got reply as since I-140 is approved recently so don't have to include. Already I-485 applied without employer letter. Please suggest what other options do I have.
Ask him to send an ammedment to the previous application of I-485 which was submitted, and include the Employment offer letter if you can.
Ask him to send an ammedment to the previous application of I-485 which was submitted, and include the Employment offer letter if you can.
more...
xela
03-19 10:33 AM
I assume there are more people like me out there that originally filed in 2003 or 2002 for ROW EB3 and then there came Perm
Since nobody had touched my 2003 file (backlog), my lawyer advised me that PERM would be a good way to go, it also would give me a chance to file with a new job descroption that fit my by now different position.
Bad thing was that she did not advise me to recapture my 2003 date but rather kept both applications in the running saying that we could cancel the 2003 when they finally got to it, which was June 2007 and at that point I could file in July for 485 with the Perm. Now my 2003 case was a regular one so we would have had to redo the hiring we did already for the perm.
I have this feeling there were many older backlogged cases that people ended up cancelling last year since their PERM ones are further along and they did not want to go through any more hiring processes or lawyers payments. Or because they gave up?
Since nobody had touched my 2003 file (backlog), my lawyer advised me that PERM would be a good way to go, it also would give me a chance to file with a new job descroption that fit my by now different position.
Bad thing was that she did not advise me to recapture my 2003 date but rather kept both applications in the running saying that we could cancel the 2003 when they finally got to it, which was June 2007 and at that point I could file in July for 485 with the Perm. Now my 2003 case was a regular one so we would have had to redo the hiring we did already for the perm.
I have this feeling there were many older backlogged cases that people ended up cancelling last year since their PERM ones are further along and they did not want to go through any more hiring processes or lawyers payments. Or because they gave up?
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webm
03-17 04:03 PM
"Eb3 India PD of May 2001"---optimystic
You should have got GC by now right??
You should have got GC by now right??
more...
jsb
08-15 04:21 PM
What do these dates mean? If they are dates for who can apply in Sept, then all (those who could) have filed their AOS in July/August. Do they mean that in Sept 07 USCIS will be approving GC for those within these dates?
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wam4wam
02-17 07:39 AM
i agree with retrohatao
it is pretty much useless to fight for ending tetrogression when we know we are going to get stuck in name check for 2-3 years after that
infact i am hoping and praying that the EB relief bill does not pass until my name check has been cleared...as i will not be able to use the available visa numbers .
the name check issue is a big big problem.
trust me...if we dont include it right now....2 years from now...all of us will be forming a new web site with Name check as the primary issue...:eek:
it is pretty much useless to fight for ending tetrogression when we know we are going to get stuck in name check for 2-3 years after that
infact i am hoping and praying that the EB relief bill does not pass until my name check has been cleared...as i will not be able to use the available visa numbers .
the name check issue is a big big problem.
trust me...if we dont include it right now....2 years from now...all of us will be forming a new web site with Name check as the primary issue...:eek:
more...
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srr_2007
04-01 11:34 AM
This is the new trend among the Desi consulting firms in NJ area. I don�t know about other areas. These days they don't want to hire a person with tons of experience. Because the experienced ask more benefits and can't be exploited to the same extend as an F1 OPT candidate.
Recently I spoke with many Desi consulting companies to change my job and most of them were offering less than what I get today. Later, I spoke to the consultants on bench/training and learned about the OPT candidates.
Another thing, at the client site if you are a Corp candidate then they don't believe your resume and expect you to prove yourself at the work. Not a problem for an experience candidate to prove his or her capabilities, but the whole process shatters your morale and at some point it becomes a problem.
Recently I spoke with many Desi consulting companies to change my job and most of them were offering less than what I get today. Later, I spoke to the consultants on bench/training and learned about the OPT candidates.
Another thing, at the client site if you are a Corp candidate then they don't believe your resume and expect you to prove yourself at the work. Not a problem for an experience candidate to prove his or her capabilities, but the whole process shatters your morale and at some point it becomes a problem.
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chaukas
05-15 05:14 PM
Sometime ago , I had seen Jack Welch's comments on this ( the last page in Business Week ) where he had mentioned that he respected people who have an online MBA bcoz of the fact that these people were handling a family , kids , a full time job and education, no mean feat ... and that he did not consider their MBA less than another MBA.
To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.
To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.
more...
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akhilmahajan
09-19 11:27 AM
What ever stopped the people in MA/NY/NJ to board the buses stopped the people in DC/VA/MD to get on to the Metro train and come to the rally. Its not the distance, as it may seem to you and me, But Its the lack of will, lack of commitment.
If people think about San Jose rally and think it was a huge success, people showed up in 2 days yada yada.., there is a diff reason. Does it even need to be mentioned?
All that I can tell you guys is we did more than our best to get the locals to get to the rally. We can only call/email them or give flyers and let them notify. The final 6 days, our active members had stood out at every place they could and distributed flyers to 3000-3500 people. All the six weeks they have been doing spreading the word.
I hope your message was just expressing disappointment by the turn out an was not actually questioning the commitment of the people who worked on this.
No body please question the commitment.
About the reason only GOD knows.
Buses were arranged from MA to DC, Tri-state to DC.
Buses were fully funded by IV. We just requested ppl to hop on and fight for their own cause.
Ppl were given every single thing to their doorsteps. We made phone calls, ran email campaigns asking and requesting ppl to share thei questions/concerns. What we did, we did it to our best. Rest is up to the ppl how much badly a change they need.
So, i hope ur post was to show ur disppointment with the ppl who did not show up, but not to challenge the commitments of any of the volunteers.
GO IV GO
If people think about San Jose rally and think it was a huge success, people showed up in 2 days yada yada.., there is a diff reason. Does it even need to be mentioned?
All that I can tell you guys is we did more than our best to get the locals to get to the rally. We can only call/email them or give flyers and let them notify. The final 6 days, our active members had stood out at every place they could and distributed flyers to 3000-3500 people. All the six weeks they have been doing spreading the word.
I hope your message was just expressing disappointment by the turn out an was not actually questioning the commitment of the people who worked on this.
No body please question the commitment.
About the reason only GOD knows.
Buses were arranged from MA to DC, Tri-state to DC.
Buses were fully funded by IV. We just requested ppl to hop on and fight for their own cause.
Ppl were given every single thing to their doorsteps. We made phone calls, ran email campaigns asking and requesting ppl to share thei questions/concerns. What we did, we did it to our best. Rest is up to the ppl how much badly a change they need.
So, i hope ur post was to show ur disppointment with the ppl who did not show up, but not to challenge the commitments of any of the volunteers.
GO IV GO
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485Mbe4001
02-21 11:38 AM
i am in the same boat, i was begging the damn lawyer to port me to EB2, she said, we will have to start the process all over again (as i had filed 485 in dec 04 )and it is not worth it. My company refuses to change lawyers so i am stuck in EB3 with pd apr 2002. :mad:
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
more...
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sertasheep
07-04 01:24 AM
Hello Veeru,
Your questions not frivolous. We will keep members updated on our course of action.
More than anything else, we require our members to stand by us, and create awareness in the community.
Thank you for your patience, and faith in us.
On behalf of Core IV team
I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
Your questions not frivolous. We will keep members updated on our course of action.
More than anything else, we require our members to stand by us, and create awareness in the community.
Thank you for your patience, and faith in us.
On behalf of Core IV team
I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
girlfriend Rihanna at the 2011 Billboard
snathan
08-21 03:54 PM
luvschocolates...
I really feel sorry for you. I understand your issue and wish we can help you...but things are really complicated in your case. But unfortunately this is how the USCIS is working and immigration is completely broken. Please iginore these guys and get legal help. May be you can contact Sheela Murthy law firm. Its expensive but no other option. Or post your issues in their web site or Ron gotcher's web site. He might be able to guide you in this.
Thanks
I really feel sorry for you. I understand your issue and wish we can help you...but things are really complicated in your case. But unfortunately this is how the USCIS is working and immigration is completely broken. Please iginore these guys and get legal help. May be you can contact Sheela Murthy law firm. Its expensive but no other option. Or post your issues in their web site or Ron gotcher's web site. He might be able to guide you in this.
Thanks
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ItIsNotFunny
10-15 02:28 PM
I have a doubt about what can be accomplished by the flower campaign. I am totally for it if it would help but just think - it is not in USCIS hands to assign more visas to EB3 or EB2. The number of visas is limited and the number of people waiting for the visas is huge. That is the whole cause of retrogression . If there were as many visas as the people everything would be current.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
Think how the supply is controlled?
Just as a hypothetical example, if USCIS makes a spill over policy that ROW can not lead any other country by more than 3 years.
If we try we can achieve something, atleast we can see some avenues. If we sit silent - Nope, then we are loosers not fighters.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
Think how the supply is controlled?
Just as a hypothetical example, if USCIS makes a spill over policy that ROW can not lead any other country by more than 3 years.
If we try we can achieve something, atleast we can see some avenues. If we sit silent - Nope, then we are loosers not fighters.
alex99
07-11 07:35 PM
EB3 PERM
Labor Filed: August 27th 2006
I-140 filed at NSC on 12th November
Still waiting for approval
Sent 485 App to NSC on July 2nd....
Regards,
Alex
Labor Filed: August 27th 2006
I-140 filed at NSC on 12th November
Still waiting for approval
Sent 485 App to NSC on July 2nd....
Regards,
Alex
.soulty
02-13 08:16 PM
think of the first matrix scene with neo in the underground train station, columns, seats, phone booth... dirt and aging on the walls, floating pieces of paper and rubbish on the ground, insects... its about making a mood, a scene.. use your imagination.
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