caydee
05-28 04:57 PM
Good points, only thing to add is not all innovations can be brought to notice to relate to a single employee ...most of the times we as employees are part of systemic effort that is innovating. It would be wrong to say that H1-bs are not contributing towards innovation ........
Good point. Very rarely can an invention be attributed to a single person. These days it is invariably a group effort.
By the way, why are we deviating?
Good point. Very rarely can an invention be attributed to a single person. These days it is invariably a group effort.
By the way, why are we deviating?
wallpaper friendship wallpapers with
saileshdude
02-11 03:29 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok. Unless the BS was a three year degree and you did not have the required experience.
From USCIS perspective to qualify for EB2 you should be Masters or BS +5 experience.
I think if this is true you have a good chance to fight this.
Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equalent". that might be the caused the I140 denial .
Any one had this situation before ?
Thanks
-vinod
From USCIS perspective to qualify for EB2 you should be Masters or BS +5 experience.
I think if this is true you have a good chance to fight this.
Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equalent". that might be the caused the I140 denial .
Any one had this situation before ?
Thanks
-vinod
diptam
08-22 02:07 PM
hey aadimanav,
If the legislations dont change - my estimate would be even more than 7 years (come on they already have 500k pending app before this 300k July2nd boom). In USCIS term It doesn't matter where you stand in line out of that 800K folks. The NSC july 2nd filers are speculated to be transfered to TSC almost 2 months down the line and no one has guaranted that our Original Receipt date of July 2nd be kept intact - How do you logically map this ??
What Franklin said very logical - very realistic !
Thanks,
Diptam
I like your word: "guestimate" (Guess + Estimate) i.e. tukka (hindi word)
Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.
So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.
:)
If the legislations dont change - my estimate would be even more than 7 years (come on they already have 500k pending app before this 300k July2nd boom). In USCIS term It doesn't matter where you stand in line out of that 800K folks. The NSC july 2nd filers are speculated to be transfered to TSC almost 2 months down the line and no one has guaranted that our Original Receipt date of July 2nd be kept intact - How do you logically map this ??
What Franklin said very logical - very realistic !
Thanks,
Diptam
I like your word: "guestimate" (Guess + Estimate) i.e. tukka (hindi word)
Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.
So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.
:)
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pbojja
05-22 01:24 PM
Are they processing based on received date or notice date???
If your lucky no date matters it will be approved any time , Techinically it should be receipt date , but who knows whatz going on ..
Recepit Date and Notice Date are like project requirements which some team members get it right and some dont ..
I think it will take few more years before they finish working on July 2007 cases and stream lining the process , so I guess for next year or so it will all be luck
If your lucky no date matters it will be approved any time , Techinically it should be receipt date , but who knows whatz going on ..
Recepit Date and Notice Date are like project requirements which some team members get it right and some dont ..
I think it will take few more years before they finish working on July 2007 cases and stream lining the process , so I guess for next year or so it will all be luck
more...
ramaonline
09-07 01:16 PM
Thanks for your feedback. We dont have valid H1B stamp on the passport although we have a valid H1B approval. My wife needs to go for stamping.
My question is, Can I enter thru AP after a 4 week period whereas my wife can apply for a H1B visa at US consulate and enter using the stamp on her passport. I would be using H1B and working for GC sponsoring employer and wont use EAD during this period.
If you use AP to enter you will not be in H1B status but you will get Parolee status. If you enter using a valid h1b stamp, you will get into h1 status. Your spouse cannot get h4 stamp based on your parolee status but can get h1 stamp based on her own h1 petition.
It is also possible to be in AP status and use the H1 petition to continue working for the h1b employer. EAD is just a work authorization and is not mandatory in this case. Check this link for more information:
http://www.murthy.com/news/n_efftrv.html
My question is, Can I enter thru AP after a 4 week period whereas my wife can apply for a H1B visa at US consulate and enter using the stamp on her passport. I would be using H1B and working for GC sponsoring employer and wont use EAD during this period.
If you use AP to enter you will not be in H1B status but you will get Parolee status. If you enter using a valid h1b stamp, you will get into h1 status. Your spouse cannot get h4 stamp based on your parolee status but can get h1 stamp based on her own h1 petition.
It is also possible to be in AP status and use the H1 petition to continue working for the h1b employer. EAD is just a work authorization and is not mandatory in this case. Check this link for more information:
http://www.murthy.com/news/n_efftrv.html
GCanyMinute
10-10 04:08 PM
finally my PD was reached!! I hope I'll hear great news soon!!!
I'll keep u guys posted about any news.
Good luck to us all !!! :)
I'll keep u guys posted about any news.
Good luck to us all !!! :)
more...
sj2273
08-20 09:09 AM
Sent emails to:
Senator Carl Levin (D- MI)
Senator Debbie A. Stabenow
Senator Carl Levin (D- MI)
Senator Debbie A. Stabenow
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scorpion00
06-03 11:23 AM
Guess what....Our friend Roy Beck is giving his side of the story.
more...
bkarnik
11-08 09:35 AM
The new Democratic committee chairmen in the House will likley be the following:
Agriculture--Collin Peterson (MN)
Appropriations--David Obey (WI)
Energy & Water Subcommittee--Peter Visclosky (IN)
Armed Services--Ike Skelton (MO)
Armed Services Subcommittee on Strategic Forces--Silvestre Reyes (IN)
Budget--John Spratt (SC)
Energy and Commerce--John Dingell (MI)
Education and the Workforce --George Miller (CA)Financial Services--Barney Frank (MA)
Government Reform--Henry Waxman (CA)
Homeland Security--Bennie Thompson (MS)
Intelligence-- uncertain--either Jane Harman (CA), Alcee Hastings (FL) or Silvestre Reyes (TX)
International Relations--Tom Lantos (CA)
Judiciary--John Conyers (MI)
Transportation--Jim Oberstar (MN)
Ways and Means--Charlie Rangel (NY)
Agriculture--Collin Peterson (MN)
Appropriations--David Obey (WI)
Energy & Water Subcommittee--Peter Visclosky (IN)
Armed Services--Ike Skelton (MO)
Armed Services Subcommittee on Strategic Forces--Silvestre Reyes (IN)
Budget--John Spratt (SC)
Energy and Commerce--John Dingell (MI)
Education and the Workforce --George Miller (CA)Financial Services--Barney Frank (MA)
Government Reform--Henry Waxman (CA)
Homeland Security--Bennie Thompson (MS)
Intelligence-- uncertain--either Jane Harman (CA), Alcee Hastings (FL) or Silvestre Reyes (TX)
International Relations--Tom Lantos (CA)
Judiciary--John Conyers (MI)
Transportation--Jim Oberstar (MN)
Ways and Means--Charlie Rangel (NY)
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gc_chahiye
08-05 02:25 PM
One of my friend asked Shiela Murthy and she said that in order to be able to add my spouse , I would have HAD to get married before July 31st (which I couldn't anyway), because, then, only I/we will be eligible to add my spouse.
Also, I sent in the papers for my I-485 last night. Now, hoping to god that there is an RFE on this and some kind of delay.
Thank you,
gc101.
double-check that note from Sheela Murthy (take an appointment with either her, or Rajiv Khanna). You have to get married before your 485 is approved, dont know whats that July 31st date. Good thing you filed your 485 atleast. You can add your spouse only when your PD is current, but you can atleast use AC21 in the meantime (for changing employers etc).
http://www.murthy.com/news/UDmar485.html
To summarize the INS position, as long as the principal applicant gets married prior to the INS' approving the I-485 application, there should be no problem for the dependent/s to either file the Adjustment of Status, if in the U.S., or to "follow to join," based upon a consular interview abroad. Therefore, the principal can file the Adjustment of Status application prior to marriage, but the marriage needs to take place before INS makes its decision on the I-485 application.
Also, I sent in the papers for my I-485 last night. Now, hoping to god that there is an RFE on this and some kind of delay.
Thank you,
gc101.
double-check that note from Sheela Murthy (take an appointment with either her, or Rajiv Khanna). You have to get married before your 485 is approved, dont know whats that July 31st date. Good thing you filed your 485 atleast. You can add your spouse only when your PD is current, but you can atleast use AC21 in the meantime (for changing employers etc).
http://www.murthy.com/news/UDmar485.html
To summarize the INS position, as long as the principal applicant gets married prior to the INS' approving the I-485 application, there should be no problem for the dependent/s to either file the Adjustment of Status, if in the U.S., or to "follow to join," based upon a consular interview abroad. Therefore, the principal can file the Adjustment of Status application prior to marriage, but the marriage needs to take place before INS makes its decision on the I-485 application.
more...
vaishalikumar
08-26 01:04 AM
Did u visit PennDot office to inquire about the renewal of DL with receipt notice of H1b extension or AAA office can be of any help ?
I'm in the same boat. PA DoT wants to see visa stamp on the passport.. applied for 1st 3 year extn at VSC on 7/10, will up it to PP this week... anyone in PA got their DL renewed using RN... please specify how and where??
I'm in the same boat. PA DoT wants to see visa stamp on the passport.. applied for 1st 3 year extn at VSC on 7/10, will up it to PP this week... anyone in PA got their DL renewed using RN... please specify how and where??
hot wallpaper friend wallpaper.
Chris Rock
01-23 12:33 AM
Here is a post from Ron Gotcher's website which might be of interest to some of us trapped in EB3 I retrogression .
http://www.immigration-information.com/forums/showthread.php?t=7065
He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..
There are only 35000 EB3 visas available. India quota is 2450. India is now in Oct 2001 and ROW is not current yet. How come India PD will move to 2004?
I have seen many such reports from Dec 2004. We all wait till the last quarter only to face disappointment. That happened last year. What is different in this year?
Also there are lots of Eb3_india gyus are waiting with PD being current. PD being current is not important. Getting GC is important.
Go figure!
http://www.immigration-information.com/forums/showthread.php?t=7065
He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..
There are only 35000 EB3 visas available. India quota is 2450. India is now in Oct 2001 and ROW is not current yet. How come India PD will move to 2004?
I have seen many such reports from Dec 2004. We all wait till the last quarter only to face disappointment. That happened last year. What is different in this year?
Also there are lots of Eb3_india gyus are waiting with PD being current. PD being current is not important. Getting GC is important.
Go figure!
more...
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immidude
06-28 02:12 PM
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
tattoo true friendship
rameshvaid
03-15 09:49 PM
Dude, I am telling you again. Expungement will not help him w.r.t immigration matters (which includes entering USA).
Even when he gets his criminal record expunged, for all immigration matters, he needs to provide information about his conviction and an explanation.
He need not to declrae at the POE unless he is asked for..
RV
Even when he gets his criminal record expunged, for all immigration matters, he needs to provide information about his conviction and an explanation.
He need not to declrae at the POE unless he is asked for..
RV
more...
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logiclife
01-31 10:58 AM
If you could send checks instead of paypal, it would help us save transaction fees. Every penny counts. We are getting about $1000 a day on weekdays and as high as it may sound, its not the best we would wish as Sam Alito's confirmation gets the senate closer to other items on agenda one of which is Comp Immigration bill.
Call you other H1b friends waiting in line for GC and ask them to contribute after you are done contributing.
--logiclife.
Call you other H1b friends waiting in line for GC and ask them to contribute after you are done contributing.
--logiclife.
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mihird
09-15 10:28 AM
Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
First and foremost, if you lose a job, it doesn't matter what your immigration status, life is going to become difficult for you and your dependents.
I lost my job in the 7th year of H1 but since I had well researched and planned for that scenerio before entering into the 7th year, I am still here in a new job with an anticipated 3 year extension from 2007-2010.
If a lobor from your previous job has been pending for more than 365 days, you are able to port the benefit of the 7+ year extensions to the new job. This will let you survive the 7th year job loss.
Likewise there is a "best possible" solution to all the hardships that you have listed above and that "best possible" solution will vary from person to person and hardship to hardship.
Life takes planning, no matter what your immigration status.
My friend who is an EB GC holder just sold his house and took a $40000 loss. Bad planning on his part. Purchased the house at the wrong time and sold it at the wrong time too.
Since he sold his house, he is forced to move and so his kids schooling is distrubed too.
Its been 3 months he has moved to his apartment and his other half doesn't like the apartment lifestyle after having lived in a house for a year.
Did his GC help in all this???
Compare that to me, I am not a GC holder.
I am sitting on $240,000 equity in my house for which I have no plans to sell.
I too was forced to move due to a recent 7th year H1 job loss, and miss my boating trips to the lake near my old house. My new job is a 100 miles away from my house so I decided to do weekend commutes to the old house, and still manage to hit the lake every weekend.
My better half also didn't want to move in an apartment due to my new job. Good enough, we leveraged the equity in our 1st house & higher income from the new job to buy a 2nd house near the new job site.
Did my not having the GC hurt???
GC or H1 didn't matter, good planning is what has helped me, and bad planning is what doomed my friend...
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
First and foremost, if you lose a job, it doesn't matter what your immigration status, life is going to become difficult for you and your dependents.
I lost my job in the 7th year of H1 but since I had well researched and planned for that scenerio before entering into the 7th year, I am still here in a new job with an anticipated 3 year extension from 2007-2010.
If a lobor from your previous job has been pending for more than 365 days, you are able to port the benefit of the 7+ year extensions to the new job. This will let you survive the 7th year job loss.
Likewise there is a "best possible" solution to all the hardships that you have listed above and that "best possible" solution will vary from person to person and hardship to hardship.
Life takes planning, no matter what your immigration status.
My friend who is an EB GC holder just sold his house and took a $40000 loss. Bad planning on his part. Purchased the house at the wrong time and sold it at the wrong time too.
Since he sold his house, he is forced to move and so his kids schooling is distrubed too.
Its been 3 months he has moved to his apartment and his other half doesn't like the apartment lifestyle after having lived in a house for a year.
Did his GC help in all this???
Compare that to me, I am not a GC holder.
I am sitting on $240,000 equity in my house for which I have no plans to sell.
I too was forced to move due to a recent 7th year H1 job loss, and miss my boating trips to the lake near my old house. My new job is a 100 miles away from my house so I decided to do weekend commutes to the old house, and still manage to hit the lake every weekend.
My better half also didn't want to move in an apartment due to my new job. Good enough, we leveraged the equity in our 1st house & higher income from the new job to buy a 2nd house near the new job site.
Did my not having the GC hurt???
GC or H1 didn't matter, good planning is what has helped me, and bad planning is what doomed my friend...
more...
makeup For a Friend friend wallpaper.
gangwar
04-12 12:42 PM
I sent $100 cheque 3 weeks back, Cheque not encashed as of now.
Whome should I contact ?
Whome should I contact ?
girlfriend friend wallpaper.
desi3933
06-24 09:37 PM
desi3933 is right.
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status
This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
SertaSheep -
See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.
The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.
The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.
Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.
There are actions "missed" by Employers. But, that is beyond the scope of current discussion.
I will be writing a detailed note on how to handle out of status issues.
desi3933 at gmail.com
Not a legal advice.
----------------------------------
Green Card holder since May 2002
- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
This is correct ONLY if person is maintaining status at the time of application. If the person is out of status then filing change of status petition does not put him/her in status.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
3/10 year ban applies to unlawful presence only and NOT for out of status. If I-94 date is passed, only then person starts accumulating unlawful presence. There is a BIG distinction between unlawful presence and out of status.
Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html
Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.
- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status
This is an issue ONLY if I-94 date is passed. Out of Status is not an issue for visa stamping (The key thing here is I-94 date).
- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.
This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.
NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
SertaSheep -
See my comments in Blue above. There is a BIG distinction between unlawful presence and out of status.
The best way to get back into status is to re-enter in USA with the proper visa (h4/l2) visa stamp.
The I-485 can be denied if the person is out of status > 180 days (since last entry in USA) at the time of filing.
Paying employer for generating "pay stubs" can land one in deep trouble. PLEASE consult a good attorney before paying for pay stubs.
There are actions "missed" by Employers. But, that is beyond the scope of current discussion.
I will be writing a detailed note on how to handle out of status issues.
desi3933 at gmail.com
Not a legal advice.
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Green Card holder since May 2002
hairstyles friendship wallpapers with
GCOptimist
03-01 11:17 AM
Hi Folks,
I just learnt about this great effort. Thank you very much for all the effort you are all putting in. The least that i can (every one can) do is to contribute to support this great effort. I just now joined the group and contributed.
Thank you all,
Another GC Optimist.
I just learnt about this great effort. Thank you very much for all the effort you are all putting in. The least that i can (every one can) do is to contribute to support this great effort. I just now joined the group and contributed.
Thank you all,
Another GC Optimist.
rameshvaid
09-11 06:33 PM
what you are talking about...... in winter when there a ton of snow on drive way...:D or when your grass grows too fast... :D
You got it right..too much of work in the house..
You got it right..too much of work in the house..
ronhira
06-03 10:33 AM
btw, how this is relevant on this forum..... becoz this is not a news forum..... here is the answer......
6 out of 13 finalist on this prestigious competition are all kids of (high skilled) immigrants from india, who came here on h1 or similar visas and are now on gc or their parents are still waiting for gc......
this is very important to show the value and positive influence high skilled immigrants bring in to the society they live in..... this is a positive externality of high skilled immigrants like us..... & adds one point in our camp...... simple eb3/eb2 tracking won't cut it if that is all u understand from immigration forum....
6 out of 13 finalist on this prestigious competition are all kids of (high skilled) immigrants from india, who came here on h1 or similar visas and are now on gc or their parents are still waiting for gc......
this is very important to show the value and positive influence high skilled immigrants bring in to the society they live in..... this is a positive externality of high skilled immigrants like us..... & adds one point in our camp...... simple eb3/eb2 tracking won't cut it if that is all u understand from immigration forum....