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  • javadeveloper
    01-30 12:15 PM
    have you submitted the new G-28 form when you changed employers?

    You can go back to your original GC sponsoring employer also right?





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  • desi3933
    01-30 02:54 PM
    Ok.......

    So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?

    NO. You are not out of status because of AP entry.


    From what I understood it is ok to not be working while on AOS having entered on AP.

    Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.

    Example

    Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

    Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

    He entered on USA using AP in Oct 2008. He is using EAD to work.

    Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

    If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • rajuram
    11-11 10:43 AM
    WE SHOULD try to MARKET HOW the high tech IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES.

    Did anyone listen to NPR on this topic recently? Looks like people are open to the idea, but some one has to give more visibility to this topic. Can IV do it.....





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  • sw33t
    01-18 06:39 PM
    Are you not authorized to work until new EAD or copy of EAD will suffice... I know everything else is easy to replace.... but USCIS documents takes months...

    Should a copy of EAD + DL be sufficient to keep in wallet?? I've lost my wallet once.. so its a scary thought...

    Based on your state law, you may be required to carry your original DL and not copies.

    Understand that these are technicalities. As long as you are nice, polite, calm and co-operative you have nothing to fear.

    EAD is an "EMPLOYMENT AUTHORIZATION DOCUMENT". It is not enough to prove your immigration status. When approached by Border agents, showing your EAD along with all supporting immigration documents (such as H1B, I-140, I-485 Receipt) etc. is required along with a valid passport and a valid US Visa stamp .



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  • ArunAntonio
    04-21 11:02 PM
    I was at the meeting / Rally today. There was a decent turn out for the Legal Immigration reformsupporters. The one thing that stuck out when I walked out after the meeting was "NUMBERS MATTER" and this is the first time I saw it first hand. The Supporters of refrom for Undocumented workers were present in VAST numbers when compared to the supporters of Legal Immigration reforms. The other thing I noticed is that Rep. Gutierrez seems to be a grassroots level person who connects with the issues faced by the common man dues to the obsolete immigraiton policies.
    However we have some thing from our end to do and that is to:
    - Call the lawmakers and ask them to support the STRIVE act
    - Keep reminding the lawmakers that our issues need to be addressed
    - Make sure our issues get as much attention and coverage as possible
    - Make our presence felt
    - contribute, so that even though we may not have the numbers, we can make a difference with the $$
    - Keep at it.

    So my comments to all those who were there today and felt that it was not very productive, Please do not get disheartened, it did make a difference, the congressman saw and noticed that the people backlogged in the Legal Immigration channel are also willing to come out and get their word out. It also showed that we all in the IV community are connected enough to generate a showing agaisnt such small notice, we need to keep doing this, but in much bigger numbers and keep active and get out message out.

    - Peace.





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  • HOPE_GC_SOON
    11-20 05:05 PM
    Hi LWPD

    Thanks for your Posting of this URL.

    The URL is no more active and please help me forwarding the specified .pdf file either a PM to me or please attach the same to your reply.

    Alternatively, if you can describe the path on USCIS site, that would be of great help.. I doubt they still hold that .pdf file on site. If you had downloaded this .pdf file. Please help the Team.

    Thanks


    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



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  • bayarea07
    09-10 02:24 PM
    HR5882 will be presented next after HR6020 :-)

    I do see some action now on http://judiciary.house.gov/hearings/calendar.html

    HR6020 is being presented right now





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  • logiclife
    04-23 05:29 PM
    Everyone, calm down.

    Gautam: We understand that you are not an IV member and you attended a public event and asked the congressman a question and got a dissatisfactory answer to your question.

    It was a public event and it was well within your rights to ask your question. Fine.

    Here is the issue with your questions and expectation and also with expectation of other members who have been thoroughly dissatisfied on Saturday:

    1). Need to temper expectations, lawmakers are not really experts in Immigration law or any law...they set policy...they dont practice law everyday...

    Firstly, your question is such that it is beyond congressman's capacity to answer. You asked about the non-immigrant intent tied to the student visa and you said that it doesnt make sense to have that non-immigrant intent on student visas and its prevent you from getting a degree from your school where you are getting/got admission.

    You have to realize that these are highly technical issues and no Congressman or Senator....NONE...not even Ted Kennedy, not even John McCain (they have spent good part of this decade coming up with comprehensive bill last year) would understand deeply technical legal issues like "Non Immigrant Intent" in the law and the bills. NOT EVEN JOHN CORNYN who has spend huge time on skilled immigration and whose previous bill actually has stuff to remove the non-immigrant intent from student visa adjudication in consulates. Lawmakers work at policy level and THEIR STAFF works the details. The kind of question you asked was something that you can get answers on from a staff member. And not just any staff member, it has to the the JUDICIARY COUNSEL of the congressman or the Senator. Otherwise, they would not know the different between H1 and F1 and the difference between GC quota (140,000) and H1 Quota (65,000).

    Congress passes thousands of bills each year. Each day in session, Congressmen vote on over a dozen bills. For each bill they vote, they get a 5-10 line brief description. So never expect lawmakers to know your issues in that great details.

    2). Need to have a polite tone.

    This point I am making is not just pertinent to you (Gautam), but to everyone. When you are dealing with a lawmaker so closely involved with a 700-page bill of which 98% is dealing with sparing the lives of 11 million illegals who are living in fear of deportation, prison, raids and separation from their children, you have to be VERY VERY CAREFUL when asking for things like "I am not getting GC therefore, I cant get promotion", "I am making only 80K and with GC I can make 120K", "I cannot go to Ivy league school for next 2 years"... Not that these arent legit issues. They are. But when a person sees questions from the undocumented community, some of them were breaking into tears when asking questions...your questions and your tone has to be very careful. I dont know if anyone stayed thru the end. I and Pratik were there till the end and we talked to Congressman after the crowd dispersed and there were just some reporters, organizers etc at around 7:45 PM. Some questions towards the end,...people were breaking into tears when asking..."my son cannot go to school anywhere next year when he grads from highschool"..."When are the raids going to stop"...etc. These guys are plucked from their homes and workplace and their Kids actually end up on the streets as it recently happened in New Bedford, Massachussetts. Kids were unable to go home (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)beause their parents didnt come from work (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/350_are_held_in_immigration_raid/)and there wasnt anyone from social services notified about the parents being picked up by Immigration enforcement.

    In the environment, when children possibly become homeless/lost/kidnapped because their parents are in jail suddenly, (read news articles on raids in New Bedford Massachussets (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)), IF YOU DONT HAVE A VERY SOFT AND POLITE TONE and a very compelling story, your point is going to backfire and you will risk looking like RICH SPOILED AND PRIVILEGED KIDS who ALREADY HAVE LEGAL STATUS and ALREADY HAVE PATH TO CITIZENSHIP and are yelling on top of their lungs to speed that up.

    Your case is legit, not doubt, but WHEN IN CONTRAST with undocumented, you run the risk of looking like snobs and elitists. That's just how it is. And lawmakers dont exactly get goosebumps when you name-drop words like "Harvard", "Stanford" and "Berkeley" and "U Penn". Its not like they are going to go weak on their knees when you say "I went to harvard and how dare you dont get me a Greencard. I will go back to India/China". It doesnt really make a difference to them. They have people WORKING FOR THEM in their staff who went to Ivy league schools.

    And frankly, Gautam, your tone of asking the question was..."what are you doing about this...you dont understand what you are losing , you will lose us to India and China and France"....is THE WRONG TONE. It was nowhere near polite or calm. It was pretty "WTF" attitude like you said we should all use, and IT WONT WORK. If shouting out, yelling, soundbites and rhetoric would have worked, we would have gotten the job done a long time ago.
    Merits of the issue and argument is one thing...no matter how strong your point is YOU HAVE TO be POLITE and be FRIENDLY and ask nicely. Otherwise you will really get nothing back from your lawmakers.

    Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.



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  • vin13
    02-20 09:12 AM
    Some of the international air miles can be redeemed for US domestic flights with their partner airlines.

    For example, korean Air can be redeemed for Delta tickets
    Air India cannot be redeemed for any domestic flights as they do not partner with any US Carrier.

    Hi,

    Can the donating air miles be international like korean, air india etc?

    Thanks,
    Naga





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  • sands_14
    09-27 09:56 AM
    I got I485 receipt and FP notice last month.
    I got my fingerprinting done in september .
    After talking to my lawyer,I finally applied for my EAD and AP online.
    I got the EAD receipt 2 days back (very quick I guess) and now I have received another FP notice based on EAD notice.
    Is there some error?Do I have to go again for Fingerprinting???Anyone knows something?

    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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  • logiclife
    04-20 01:55 PM
    Attn: California Members – Please participate in this event to support STRIVE ACT.

    This is a town-hall meeting organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.

    Address:

    1775 Story Road.
    San Jose CA 95122.

    Date and Time:

    Saturday April 21 4:00 PM.


    Purpose:

    To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog. You can also ask questions during the Q&A to Congressman Gutierrez.

    Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org

    Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).

    Questions:

    If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)





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  • delax
    07-13 09:49 AM
    go figure..u jacko.. this forum is not give publicty to lawyers.
    pls close this thread


    Appreciate your comment - :) A healthy debate is beyond your reach and the ability to appreciate another view point seems to be completely missing. The last time I checked a forum is precisely for that - I am not defending or promoting anybody - Please - lets stick to Gandhian principles when we deal with each other not just with USCIS :)



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  • bestofall
    07-30 12:13 PM
    URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL

    --------------------------------------------------------------------------------

    House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Sheila Jackson-Lee (D-TX) 202-225-3816
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Linda T. Sanchez (D-CA) 202-225-6676
    Artur Davis (D-AL) 202-225-2665
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Minority Members (Republicans)
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member]202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035





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  • svr_76
    07-29 11:51 AM
    Filing H1 and GC(Perm) are 2 different problems. H1 is temporarily hiring a skilled resource whereas GC is the intent to sponser for permanent immigration. And hence PERM processing is more involved.

    Big corporation, which have to maintain accurate HR job descriptions/codes etc find that during PERM advertisement, they do find qualified applicants. At that point they cannot continue the process. This "recruitment" process is the most costly of the entire GC process and if they "find/receive" applications from qualified citizens/GC holders/Or ppl who dont need sponsership (read EAD) then they have to stop that process....

    So saying that we will do GC is fine..but the current ground realities are different. You can get GC done from Desi consultant bcos the skirt the whole issue and "make" up the job requirement they want..well (read hell) they will even run fake pay stubs for u...so they can do wonders.



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  • mugwump
    01-18 12:29 PM
    2 years ago, I had to go to EWR (newark airport) to give my room mate his passport, he was stopped. eversince then, i always carry my passport even for domestic travel





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  • Life2Live
    07-09 04:05 PM
    Hatz off to that lady... Lot of us are still thinking to fill law-suit against USCIS/DOS.... We should act fast now and file law-suit rather than just waiting and discussing here. I felt bad some people even asked when will be outcome of that law-suit....That clearly tells you are going to wait till the out come of it and you will file law-suit....

    Weird........Weird...Weird



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  • nmdial
    03-16 11:46 AM
    Dear All,
    I'll be driving from Harrisburg, PA on Saturday, Sunday, and attending the advocacy event on Monday only. It would be really helpful if someone could host me for one night.
    Regards,
    nmdial





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  • kanaihya
    09-26 12:22 PM
    What paragraph ? what is the update in the CNN link ? i don't see any, every where its h1B..can somebody pl. help..





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  • sumansk
    12-20 06:25 PM
    Man. I laughed bcos u really made me laugh and I thank you for that.. especially after the recent omnibus fiasco...u know what I am saying..:D

    any way .. my thinking is that since you have already gone thru other earlier stages and they check things at that shatte also so ..at yr 485 stage..you shud be good..so relax and njoy donot worry and also even if you worry...nothing is going to change so relax and make your family also relax as your tension will pass on to them as well...

    Just njoy and be happy as I have realised being happy wards off many unwanted things which we never know might have come our way due to being depresssed...

    ;)





    nixstor
    07-02 10:46 PM
    Guys,

    Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched

    Q. Can we file a lawsuit?
    A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.

    Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.

    I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.





    sammas
    07-12 05:16 PM
    Where does it say in the bulletin that it will move in the next bulletin?

    QUOTE=sammas;1968386]Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck![/QUOTE]
    Calgirl,

    If you look at my post, I mentioned the word "HOPEFULLY" and also I did not say that it is mentioned in the current bulletin. I was just trying to be OPTIMISTIC.