logiclife
12-20 07:55 PM
<If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), 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.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.
The section is 8 USC � 1255 (k). Also known as 245(k).
Here is how to find the text of 245(k) on USCIS website:
1. Go to USCIS.gov
2. Go to "Laws and Regulations" menu item on top menu.
3. Click on "Immigration and Nationality Act" on the left menu.
4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
6. Under Act 245, go to section (k), the lowercase k.
You will read this :
(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), 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.
Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
Go to (k) -lowercase k.
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rajesh_kamisetty
01-16 08:10 PM
Helping myself.
bajrangbali
03-10 05:57 PM
Folks, no changes in PD can be taken in atleast some positive note:
USCIS may be pre-adjudicating the cases and getting them ready to approval when eventually the final quarter spill-over happens. I think they would do it in more orderly way this time having all this time to look over the pending cases and get a better idea of pending cases based on the priority date.
Dont lose heart!!!
USCIS may be pre-adjudicating the cases and getting them ready to approval when eventually the final quarter spill-over happens. I think they would do it in more orderly way this time having all this time to look over the pending cases and get a better idea of pending cases based on the priority date.
Dont lose heart!!!
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ashkam
07-28 12:31 PM
Pray, how is displaying Ganesha on a beer bottle akin to opposing Hinduism?
And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?
Getting offended has turned into a national pastime. Get a hobby instead, will you?
And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?
Getting offended has turned into a national pastime. Get a hobby instead, will you?
more...
Jaime
09-10 09:55 PM
Microsoft using cricket to try to stop Reverse Brain Drain!!
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silibili
06-11 10:14 AM
Resent to Alabama senators.
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msp1976
04-10 03:14 PM
Can apply through company A...
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acecupid
07-03 12:50 PM
I remember there was a proposal to give one Green Card per family to eliminate the retrogression for EB categories. I don't know what happen to that. It was like one year ago or so.
Thats a wonderful idea. Amen to that!
Thats a wonderful idea. Amen to that!
more...
kriskris
09-23 02:15 PM
I e-filed my EAD and AP;but when I sent the supporting documentation to the PO Box in Mesquite,Texas;it was not delivered on Friday,a notice was left.I am very anxious if it comes back.Is there a Phone Number I can call to ask them Reason for Non-delivery;what should I do???Is there an address different from the PO Box where I can FEDEX
sands_14,
This is quite common. I had the same thing happened. Even I have E-filed my EAD/AP last week. The way how it works is, since it is a post box USPS leaves the notice in there for all the deliveries. Once in a day, someone from USCIS picks those notices from the post box, goes to USPS and collects all the packages. Check your status back on Monday evening, it will say delivered.
sands_14,
This is quite common. I had the same thing happened. Even I have E-filed my EAD/AP last week. The way how it works is, since it is a post box USPS leaves the notice in there for all the deliveries. Once in a day, someone from USCIS picks those notices from the post box, goes to USPS and collects all the packages. Check your status back on Monday evening, it will say delivered.
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chanduv23
07-29 01:48 PM
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.
Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.
It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.
There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.
A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.
Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.
Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.
Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.
It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.
There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.
A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.
Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.
Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"
more...
hibworker
05-23 05:52 PM
You hear about the 1 crore offers that IIM students get from top American companies? Well, they are kicked out of the job in 1 year and then join Infosys or Wipro. Not because they are not brilliant but because their conversational skills are terrible and so is their language.
Really - and what anecdotal / statistical evidence do you have to make such claims?
I agree that typical MBA jobs require more human interaction than an IT/engineering job and hence it is important to understand the host culture in which you operate - but making claims that IIM grads get kicked out after a year are BS.
Really - and what anecdotal / statistical evidence do you have to make such claims?
I agree that typical MBA jobs require more human interaction than an IT/engineering job and hence it is important to understand the host culture in which you operate - but making claims that IIM grads get kicked out after a year are BS.
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vandanaverdia
09-11 04:51 PM
ACT NOW!!
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snthampi
06-11 12:32 PM
Just sent email to senators.
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rajuram
01-25 08:18 PM
understood.
This is as per my experience and talking to people who know about letter writing.
Are you sending these emails with your name, address etc from a genuine email ID? Try sending it from your office ID if you are serious.
Otherwise all your emails are getting deleted by the spam fileter and you are wasting your energy, time.
I came to this site while searching on Google to read about investments and buying houses kind of topic and I think those are good threads. They help us increase our knowlege and help in real life in the life of an immigrant waiting for greencard. Most people after getting EAD do not eally care about Greencard like you but care about these issues more. Green card will come anyways for them, sooner or later. You cannot keep discussing about Immigration all the time. Such threads add interest to the site. Who is interested in reading threads like Stamping in Tijuana, H1B denied, Got no FP notice Please help Urgent, etc
This is as per my experience and talking to people who know about letter writing.
Are you sending these emails with your name, address etc from a genuine email ID? Try sending it from your office ID if you are serious.
Otherwise all your emails are getting deleted by the spam fileter and you are wasting your energy, time.
I came to this site while searching on Google to read about investments and buying houses kind of topic and I think those are good threads. They help us increase our knowlege and help in real life in the life of an immigrant waiting for greencard. Most people after getting EAD do not eally care about Greencard like you but care about these issues more. Green card will come anyways for them, sooner or later. You cannot keep discussing about Immigration all the time. Such threads add interest to the site. Who is interested in reading threads like Stamping in Tijuana, H1B denied, Got no FP notice Please help Urgent, etc
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Madhuri
07-05 01:24 PM
Exactly! Sooner or later free riders will realize and join.
Those who care about IV efforts ,who care about themselves and GC will definitely join and those who wanted this site to be non paid will realize and will also join as paid members later on.
Those who care about IV efforts ,who care about themselves and GC will definitely join and those who wanted this site to be non paid will realize and will also join as paid members later on.
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lvinaykumar
05-21 10:15 AM
Congrats, Please keep supporting IV
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softcrowd
03-19 11:16 AM
85,000 PERM cases certified in 2007. 2007 is a typical heavy filing year still...
One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.
http://www.usavisanow.com/perm07.pdf
see a chart
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1
You can not just equate the number of certified labors to the Visa numbers as the former one does not include dependents in it.
One year 140,000 EB based visas available. If some how some of the back logs are eliminated, the future looks good as 140K for a year and less than 100K labor certifications per year. If the USCIS process with maximum visa/year, it is possible.
http://www.usavisanow.com/perm07.pdf
see a chart
http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg&gid=1
You can not just equate the number of certified labors to the Visa numbers as the former one does not include dependents in it.
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Madhuri
01-30 01:28 PM
after going through Logiclife's posts, I remembered all the horror stories I see happening aroung me since past 6 years, I also had arole in one of them.
Just thought a low-budget film about 'H-Horror' will be a good idea to expose these desi companies.
Just thought a low-budget film about 'H-Horror' will be a good idea to expose these desi companies.
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sam_hoosier
12-13 04:05 PM
You can get a colleague who has worked with you in the old company to give you an experience letter on his letterhead, and that will work for GC purposes.
mpadapa
07-01 04:53 PM
Call U'r own lawmaker and request them to support the Lofgren bills. Talk to their leg. aide who handles immigration and appraise them about the bills. Believe me there are quite a few lawmaker offices who aren't aware of the Lofgren bills. If constituents call and request the lawmakers to support, then they will have to look into these bills. And more importantly you have to do a follow up call and find out the position of the lawmaker on the 3 bills.
Find your lawmaker by keying in U'r address or zip code at http://www.visi.com/juan/congress/
1000 signatures representing a problem which impacts close to a million people isn't enough. Admin fix campaign had around 5000 letters and it wasn't enough to create any big impact. If we are having a campaign with atleast 100K signatures, then Yes I am signing in on this campaign.
We already participated in the phone campaign. What else we can do in helping the Lofgren bills?
With an online petition and > 1000 signatures, we can mail the copies to media/congressman/President.
Find your lawmaker by keying in U'r address or zip code at http://www.visi.com/juan/congress/
1000 signatures representing a problem which impacts close to a million people isn't enough. Admin fix campaign had around 5000 letters and it wasn't enough to create any big impact. If we are having a campaign with atleast 100K signatures, then Yes I am signing in on this campaign.
We already participated in the phone campaign. What else we can do in helping the Lofgren bills?
With an online petition and > 1000 signatures, we can mail the copies to media/congressman/President.
vagish
04-04 10:22 AM
You will notice that there is not a single provision here that protects the rights of H1B workers and saves them from exploitation.
There is not a single provision to punish employers who exploit H1Bs.
Even with other immigration bills you will see there is not a single provision in these immigrtaion bills that punishes employers that hire illegal aliens. Thus all immigration laws being made never punish any US citizen breaking the law by employing an illegal alien or paying low salary or exploiting an H1B.
Even with the current law, have you seen how many employers have been punished for employing illegal aliens. Do you know the penalty for getting caught. It is a mere $500 and nothing else. And you will be surprised to know that not even 100 employers have been fined last year. And only 2 H1B employers were punished after being sued by employees. No H1B employer was caught and punished for exploiting any employee. The laws are being made to favor US employers and to punish immigrants.
I am surprised that nobody is noticing this.
the laws are there , but only on the books, they don't fund them for enforcement.
Also some laws are very week and needs to be changed.
I think general american public is getting to know more about it as everyday
passess with immigration debate. I think in the future if they pass any law
it will come with heavy enforcement and also the provisions like hiking h1B and
green card numbers, both will go hand in hand , there will be some controvercial provisions for both sides .
There is not a single provision to punish employers who exploit H1Bs.
Even with other immigration bills you will see there is not a single provision in these immigrtaion bills that punishes employers that hire illegal aliens. Thus all immigration laws being made never punish any US citizen breaking the law by employing an illegal alien or paying low salary or exploiting an H1B.
Even with the current law, have you seen how many employers have been punished for employing illegal aliens. Do you know the penalty for getting caught. It is a mere $500 and nothing else. And you will be surprised to know that not even 100 employers have been fined last year. And only 2 H1B employers were punished after being sued by employees. No H1B employer was caught and punished for exploiting any employee. The laws are being made to favor US employers and to punish immigrants.
I am surprised that nobody is noticing this.
the laws are there , but only on the books, they don't fund them for enforcement.
Also some laws are very week and needs to be changed.
I think general american public is getting to know more about it as everyday
passess with immigration debate. I think in the future if they pass any law
it will come with heavy enforcement and also the provisions like hiking h1B and
green card numbers, both will go hand in hand , there will be some controvercial provisions for both sides .
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