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  • 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.





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  • pd052009
    03-21 11:24 AM
    ^^^^





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  • rajuram
    11-11 03:20 PM
    I am not sure what lobbying efforts would do for us, haven't worked so far...In my opinion we need more media visibility which makes politicians to take notice of us. In these troubled times they are open to any kind of ideas that would help the housing market.

    Just show the real numbers to the media -

    Approx 0.5 million people (well educated with decent earnings)
    Atleast 50 to 60% of these people could potentially buy houses if immigration related uncertainities are gone
    Potentially quarter of million buyers for houses, that is a lot!!

    I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.



    IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.

    Shall we start a funding drive? rajuram - can you lead it?





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  • kopguy
    10-20 03:15 PM
    Obama is leading in polls over Maccain by almost ten points. Unless Obama makes some stupid mistake his lead will only increase. We got to come up with a strategy assuming Obama becomes president.



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  • onemorecame
    10-22 10:21 AM
    Can you please post your timeline here?

    RFE : Sep 10 2010,
    RFE Received : Oct 01 2010
    RFE Repelied : Oct 07 2010
    Case approved : Oct 20 2010

    Hope this will help





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  • SK2007
    09-27 09:03 AM
    While we are trying our best to fix a broken system and brace ourselves, lets take a look at what is happening in other parts of the world.

    European Union is introducing a Blue Card that will allow you to work in any of the EU coountries

    Euro value is rising against dollar

    Opportunities will be on the rise with strengthening the currency.

    Lets run this thread for sharing views, opinions, experiences and anything related to the EU

    Can you also attach the links on information about this blue card, it is something very new to me.



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  • virald
    07-18 09:38 AM
    Do you know if these applications were send back right away or they are still holding it?

    Where did you get this information, can you please post the source?

    From Greg Siskind's blog
    His Comments --
    I think all of the July 2nd to July 17th filers will be okay and should get the benefit of the earlier filing, but USCIS simply has not spelled out how they'll handle and also how people incorrectly rejected at the very beginning will be able to reclaim their place in line. That's the mystery at this point.
    AND
    I was actually the one to report that cases were being held at the service centers and this was because of a first hand account from someone actually at the service center. But I was told that some applications were, in fact, rejected before word came down from HQ that cases were to be held until further instructions were issued.





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  • ujjvalkoul
    01-18 11:05 AM
    I think at least 50% (Conservative estimate - it may even be close to 90%) of us can contribute $20 a month.......that would be close to 4500 people

    Again simple math - 4500* 20 = $90,000.....

    If half of us contribute we can raise close to a $100K in no time.....

    I think the question in people minds is whether this will get them anything....will a bill pass with our provisions even after u do it...So remember, this whole effort is to achieve that only...so why sit back and watch...lets do something, if you are not contributing in core activities, just contribute funds...even $20 will help the IV goals..



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  • sureshj
    06-08 02:18 PM
    To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:

    1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.

    2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.

    3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.


    I could'nt agree with gcdreamer more...

    Consider this...
    1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
    2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
    3. Name check ranks least in their priority list.
    4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
    In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.

    For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.

    In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.

    I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.

    PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
    http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1





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  • crazyghoda
    01-16 04:27 PM
    My layoff was much less traumatizing at the instant.

    I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.

    Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.

    Well I am back now and looking everywhere. Hopefully something should click soon.

    All the best guys!



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  • mambarg
    07-24 01:18 PM
    With the new form available on uscis web site.
    It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.

    So we should attach it . If not now, then you will get RFE. Why to get RFE ?





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  • vin13
    03-09 01:45 PM
    I cannot express my anguish.

    I can understand the anguish. When you are really close and the bulletin does not move.



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  • ramee
    06-28 11:14 PM
    Gurus,

    We have applied for 485 for four of our family members. Myself (Primary) and two kids got the welcome email on 06/25 and RFE email for my spouse application on 6/26. Haven't recvd any documents in mail to know the reason, but my questions to Gurus is

    - How long will it take to get Card Ordered email after Welcome email. We havent recvd the welcome package in mail yet.

    - Is there any relation between not getting Card Ordered email and RFE on my sopuse application.

    - What could be the potential reason for RFE on my Spouse Application.

    Thanks in advance.

    EB2, PD:Jan'2004, July 2 Filer.





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  • webm
    03-17 07:58 PM
    Sorry to hear that..May be due to processing times are hanging at April,2007 i guess you may have to wait until your 485 RD falls into that or may be not...because some people are getting approvals irrespective of the processing dates not match with their 485 RD (received date)

    We should have soon processing times updated according to the April VB...keep hope..

    Goodluck to you!!



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  • ingegarcia
    02-15 04:40 PM
    How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
    Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.

    This is not true otherwise EB3 ROW would not be in 2005.





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  • gg10004
    03-17 07:07 PM
    PD September 2002 EB3 India



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  • carpediem
    06-08 11:32 PM
    I was thinking about the inconsistencies pointed out in Mr Oppenheim's interview by some people. My personal opinion is that he may be like some managers in the industry. Managers may not understand the deep down nitty-gritties of their projects. But usually they do understand the broad/big picture of the things their teams are working on.

    Mr Oppenheim may have some facts wrong but I am sure he doesn't have the big picture wrong. My 2c. Finally it's just an opinion.





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  • Almond
    07-05 02:25 PM
    What difference does the membership of people make if they do not understand the agenda/motive of the organization? May be you are being mean in not understanding the agenda and needs of your favorite organization.

    I found the forum by chance and didn't realize there was more to this website until a while after I signed up. On second thought look at my sign up date, I think I'll just let you old timers battle this one out.





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  • singhsa3
    02-21 01:59 PM
    EB1 quota 40K a year..





    h1techSlave
    04-04 10:41 AM
    I agree with the suggestion. As Murthy has written, the maximum effect is when individuals directly contact the senators and explain to them about the hard comings that we face. We could write to individual senators (e-mail would suffice) explaining about our predicament and the benefit to the American economy and people, if EB numbers are increased.

    H1techSlave





    wizkid732
    07-29 11:28 AM
    Why dont you start a campaign against these top notch companies that they are cheating H1Bs by not filing for Greencards? May be some senator who is bidding for a reelection in Nov will help you.

    On a serious note think about what you are asking from the company. If your services to the company are so valuable and if the company cannot survive without you, they will go to any extent to keep you. Your java/.net/unix/sap skills were very valuable just a few years ago, right now the same candidates are available in Tons. For the couple of positions we have, i am seeing 20-30 resumes everyday. What makes you so qualified that the company needs to do a gc (remember it is an incentive, just like signon bonus and profit sharing and relocation)? I do not know if anyone really is putting this on the offer letter and be liable if they backtrack on this/

    The names people are referring to are top companies. They are not obligated. So if they start the process and and they find people of your caliber they are obliged to hire them. Are you ready to forego your process at that stage? Also if they take a year for just filing are you ok with that? Basically what i am saying is that it is the employee/employer relationship.

    People bitch about desi companies (I dont work for one) as to how they gouge employees. But the benefit is that they go above and beyond to keep you on payroll. Do that with an American company - as soon as your contract ends you are done and out of job and out of status (technically). I personally know some folks who are out of job since Nov 2009 and still somehow managing to be legal (or atleast they claim)

    So bottom line is you cant have the cake and eat it too that is if you want to work for a top notch company with your meager skills and have the benefits of desi company.

    You should have come a few years earlier when people took advantage of

    Reduction in Recruitment
    Labor substitution
    Applying from states where the process took 3 months as opposed to 4 years
    starting companies in ME, NH, VT etc
    Oh by the way porting from EB3 to EB2 now


    People always find loopholes in the processes for quicker processing.

    Guys,

    Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).

    Company1: Deloitte
    Company2: Chase

    These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
    Also, you can list the companies you know whoever promised, but did not file.



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