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saileshdude
07-10 08:21 AM
Try Rajiv Khanna too.
Do you know if one is better than the others...like murthy is better than rajeev khanna .....Basically who has more experience and success handling AC21 and MTR cases...I spoke to one of the murthy attorneys and they seemed to be good... but again I donot have any personal experience... Is Rajeev khanna better than murthy
Do you know if one is better than the others...like murthy is better than rajeev khanna .....Basically who has more experience and success handling AC21 and MTR cases...I spoke to one of the murthy attorneys and they seemed to be good... but again I donot have any personal experience... Is Rajeev khanna better than murthy
wallpaper Bill Kaulitz
Legal
06-12 02:00 PM
This is my thought process (also referred by Ron G):
July 2007 brought in approximately 500K 485 cases.
We do not know how many cases were pending as of June 2007.
Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers
so, 500K - 300K = 200K.
Assuming USICS approval rate is 85%; 75K of 500K are denied.
200K - 75K = 125K EB cases pending from the July 2007 cases.
Additions: from all current categories - may be 25 K in 2 years?
So, 150 K plus whatever that was pending as of June 2007.
So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.
Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.
I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.
"Law is an ass".
One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.
With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.
Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.
Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)
For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.
I feel like I just wrote a short story.:)
Members, feel free to comment.
July 2007 brought in approximately 500K 485 cases.
We do not know how many cases were pending as of June 2007.
Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers
so, 500K - 300K = 200K.
Assuming USICS approval rate is 85%; 75K of 500K are denied.
200K - 75K = 125K EB cases pending from the July 2007 cases.
Additions: from all current categories - may be 25 K in 2 years?
So, 150 K plus whatever that was pending as of June 2007.
So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.
Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.
I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.
"Law is an ass".
One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.
With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.
Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.
Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)
For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.
I feel like I just wrote a short story.:)
Members, feel free to comment.
ganguteli
03-22 11:39 PM
As per 2006 and 2007 CIR, only illegal immigrants get green card easy. Legals like us - it will become even more difficult. read the text of previous CIRs and new CIR will not be different. Below is the text, it clearly excludes legals from legalization. Hope I would have been daring enough to be illegal. Definately, illegals are the vote banks and they get all the attention.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
Legals do not need to be legalized. They are already legal. Legals need to be permanentized. (I like this new word)
You have not read the entire bill and fully understood it. You are just picking up a small portion and making judgment.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
Legals do not need to be legalized. They are already legal. Legals need to be permanentized. (I like this new word)
You have not read the entire bill and fully understood it. You are just picking up a small portion and making judgment.
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coopheal
12-16 11:25 AM
Go ahead and make 50/100$ contribution (and try to do same every month). you will feel better of yourself for being part of something good.
Hello there,
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
Hello there,
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
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rkay
06-03 12:25 PM
Then why do you want to stay here. Just move out.
When did you start owning America ? Can I see the deed please ?
When did you start owning America ? Can I see the deed please ?
sanju
01-22 12:10 AM
My PD and category is correct. I'll correct everything else.
Thanks xyzgc, maybe we can team up to request others to add correct data. It will help us all. What say?
.
Thanks xyzgc, maybe we can team up to request others to add correct data. It will help us all. What say?
.
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srikondoji
07-14 08:32 PM
Let me stop with final words.
I only came to know about USINPAC recently with this flowergate.
And i don't know about USINPAC mission or robinder.
But, if USINPAC is such a great organization, then IV and USINPAC should sit together and support each other.
Let us forget the mess and we all know the whole world acknowledged IV for flower campaign.
--sri
please stop this.
I only came to know about USINPAC recently with this flowergate.
And i don't know about USINPAC mission or robinder.
But, if USINPAC is such a great organization, then IV and USINPAC should sit together and support each other.
Let us forget the mess and we all know the whole world acknowledged IV for flower campaign.
--sri
please stop this.
2010 Bill Kaulitz Nico Live 02.11.
hpandey
07-14 12:30 PM
~~
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mariner5555
05-02 05:15 AM
https://www.cia.gov/library/publications/the-world-factbook/countrylisting.html
GDP - per capita: India $2,700, US - $46,000
GDP total: $1.09 trillion v. $13.79 trillion
Inflation rate: 5.9% v. 2.7%
growth rate: 8.5% v. 2.2%
It may make sense for you, I am not completely aware of the situation in India. I agree that the situation with GC is bad for EB3 India, but I think there are plenty of opportunities here as well. Just do not base your decision on emotions, keep your cool...comparing India and US by GDP does not make sense.(it is like comparing heaven and earth ..but though US may be rich ..the question is are you becoming rich here ..which varies from person to person) actually when you make a decision to go back ..the question to ask if do I have a better future in India or US. India is growing but you have rotten, stupid, dumbF, (you can keep adding adjectives here) politicians ..just see the recent quota policy endorsed by none other than Manmohan singh.
but if you feel family ties are more important, children will get better education in India //then make a move. but it is one way street as far as US is concerned ..because it is next to impossible to come back and start over again ..the good thing is US is losing its sheen while India is getting better in terms of jobs and other countries are becoming more welcome.
for many ..quality of life in India is much better (in terms of social / party life) ..and I guess they know how to play the system. one of my friends who is a US citizen ..is completely relocating to Pune ..taking with him 20 years of savings / investment ..
GDP - per capita: India $2,700, US - $46,000
GDP total: $1.09 trillion v. $13.79 trillion
Inflation rate: 5.9% v. 2.7%
growth rate: 8.5% v. 2.2%
It may make sense for you, I am not completely aware of the situation in India. I agree that the situation with GC is bad for EB3 India, but I think there are plenty of opportunities here as well. Just do not base your decision on emotions, keep your cool...comparing India and US by GDP does not make sense.(it is like comparing heaven and earth ..but though US may be rich ..the question is are you becoming rich here ..which varies from person to person) actually when you make a decision to go back ..the question to ask if do I have a better future in India or US. India is growing but you have rotten, stupid, dumbF, (you can keep adding adjectives here) politicians ..just see the recent quota policy endorsed by none other than Manmohan singh.
but if you feel family ties are more important, children will get better education in India //then make a move. but it is one way street as far as US is concerned ..because it is next to impossible to come back and start over again ..the good thing is US is losing its sheen while India is getting better in terms of jobs and other countries are becoming more welcome.
for many ..quality of life in India is much better (in terms of social / party life) ..and I guess they know how to play the system. one of my friends who is a US citizen ..is completely relocating to Pune ..taking with him 20 years of savings / investment ..
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floridasun
01-02 07:31 PM
He called it garbage can out of bitterness and perhaps a little sarcasm. Obviously this is very important to him, otherwise he wouldn't have vented to perfect strangers on the internet. Have you never really wanted something and lashed out at it out of frustration?
Thanks Almond. At this point, I am hoping USCIS will at least allow me to change jobs (remember - I am on 7th year H1b - approved I-140, did not apply for I-485 due to retro). some members here said this is possible and some other members said I cannot do this. so I am confused if I can do this or not. If at all USCIS lets me do this, it would be great if I can find a new employer who can do EB-2. I am praying to God to help me while I try this route. I am not asking too much here... am I ?
Thanks Almond. At this point, I am hoping USCIS will at least allow me to change jobs (remember - I am on 7th year H1b - approved I-140, did not apply for I-485 due to retro). some members here said this is possible and some other members said I cannot do this. so I am confused if I can do this or not. If at all USCIS lets me do this, it would be great if I can find a new employer who can do EB-2. I am praying to God to help me while I try this route. I am not asking too much here... am I ?
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LostInGCProcess
01-15 02:34 PM
Dude, with all due respect, I am serious about all the precautionary measures I told. In fact it was one of my American colleague who sent out a similar list some time ago( I believe a year ago, when a similar incident happened to one lady at a parking lot), to all the team members.
It was claimed based on some statistics, if a person who hijacks a car, more often (about 90%) the perpetrator kills the driver. Its a fact.
Its not paranoia, its something if you keep in mind, then there is very good chance to come out alive form that dreadful predicament. God forbid, it could happen to anybody.
[QUOTE]Most of these incidents are straight forward. The bag guy asks for money, the good guy refuses or tries to put up a fight and gets shot. When you’re faced with a mugger/carjacker, always comply with their demands and leave quickly. That’s it.
Really??!!! I totally disagree with you on this. I have seen in Detroit, where poor Indians got killed "execution" style, in a dunkin donut store, they didn't put up a fight or refused. They could barely speak proper english. They were all bound, face down, and shot in the head. Now don't tell me its an isolated incident and it would not happen again...time and time again these things happen. So, if you think if we dont resist and head to all the demands of the robbers, they would let you go, then you are wrong, my friend. You got 50-50 chance they would let you go.
I agree, we need to be cautious of the surroundings. But no to the paranoid level of checking out every hiding place or hitting a wall/pillar
There is no paranoia here...just a mild glance in the back window is a good practice before getting in once car.
And your assertion that only psycho's kill, is wrong. Common robbers too kill people after robbing.
It was claimed based on some statistics, if a person who hijacks a car, more often (about 90%) the perpetrator kills the driver. Its a fact.
Its not paranoia, its something if you keep in mind, then there is very good chance to come out alive form that dreadful predicament. God forbid, it could happen to anybody.
[QUOTE]Most of these incidents are straight forward. The bag guy asks for money, the good guy refuses or tries to put up a fight and gets shot. When you’re faced with a mugger/carjacker, always comply with their demands and leave quickly. That’s it.
Really??!!! I totally disagree with you on this. I have seen in Detroit, where poor Indians got killed "execution" style, in a dunkin donut store, they didn't put up a fight or refused. They could barely speak proper english. They were all bound, face down, and shot in the head. Now don't tell me its an isolated incident and it would not happen again...time and time again these things happen. So, if you think if we dont resist and head to all the demands of the robbers, they would let you go, then you are wrong, my friend. You got 50-50 chance they would let you go.
I agree, we need to be cautious of the surroundings. But no to the paranoid level of checking out every hiding place or hitting a wall/pillar
There is no paranoia here...just a mild glance in the back window is a good practice before getting in once car.
And your assertion that only psycho's kill, is wrong. Common robbers too kill people after robbing.
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GCKaMaara
01-13 12:41 PM
It's here guys :
http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html
No EB3 movement :mad::mad:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html
No EB3 movement :mad::mad:
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anadimisra
09-15 02:02 PM
Like the other guy you said, I have an equity of 200,000 in one house and 50,000 in other house. I still don't have green card. I have around 300,000 in
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
I don't know other things about your life but about 100% of H1-B holders that I know just dream of being 0.8 millionare.
Also, one thing I find conflictng is that we all claim so much having right to be in this country as Mihir mentioned, plan a retirement home in India or other home countries. But I have seen so many Indians with GC mentioning that they want to go back to India as soon as they become citizen . Honestly if I am in USCIS and know this, I am gonna make it as tough as possible for that ethnic group to get GC's.
As far as the question of spouse working or not, hell I do not want to work myself given a chance, why would someone feel bad about not being able to work, as log as we can provide them with all they want (Not only all they need).
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
I don't know other things about your life but about 100% of H1-B holders that I know just dream of being 0.8 millionare.
Also, one thing I find conflictng is that we all claim so much having right to be in this country as Mihir mentioned, plan a retirement home in India or other home countries. But I have seen so many Indians with GC mentioning that they want to go back to India as soon as they become citizen . Honestly if I am in USCIS and know this, I am gonna make it as tough as possible for that ethnic group to get GC's.
As far as the question of spouse working or not, hell I do not want to work myself given a chance, why would someone feel bad about not being able to work, as log as we can provide them with all they want (Not only all they need).
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jsb
03-17 03:06 PM
Have you talked to lawyers with arguments you have mentioned here? Do you think there is a strong legal ground for success? For all five "questions" you have asked, there is legal backing. Law sees legal grounds, not sentiments, which seem to be the prime content of what you have stated.
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qasleuth
04-01 09:19 PM
as of now, there is nothing ..it is just donate, donate and donate.
we don't even know why we are having new donation campaigns every month ... my favorite color is red ..so start giving me red's for being frank and speaking out the truth
Zen, simple question: how would you handle something like this without advocacy/group effort ? --> http://immigrationvoice.org/forum/showthread.php?t=24786&referrerid=15623
we don't even know why we are having new donation campaigns every month ... my favorite color is red ..so start giving me red's for being frank and speaking out the truth
Zen, simple question: how would you handle something like this without advocacy/group effort ? --> http://immigrationvoice.org/forum/showthread.php?t=24786&referrerid=15623
dresses Filed under Bill Kaulitz
TO BE OR NO TO BE
10-14 12:37 PM
I apologize as this is not completely relevant to this thread....
Can someone confirm that there is no filing fees for EAD and AP renewal for people with I-485 receipt dates after July 30, 2007? That what's the instructions says, and I called up USCIS and they confirmed it. I just wanted to see if anyone on IV received EAD and AP without fees?
Up until last year I was using a lawyer and they always made me pay fees for these application, so was wondering.
I will appreciate your response.
Thank you
Can someone confirm that there is no filing fees for EAD and AP renewal for people with I-485 receipt dates after July 30, 2007? That what's the instructions says, and I called up USCIS and they confirmed it. I just wanted to see if anyone on IV received EAD and AP without fees?
Up until last year I was using a lawyer and they always made me pay fees for these application, so was wondering.
I will appreciate your response.
Thank you
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hpandey
06-03 09:59 AM
For all those who commented in negative.
1. Its posted in Interesting topics section. GC, E2/E3 predictions,H1B extension etc is not the only thing left in life.
2. Spelling is a logical/creative thing. Its not cramming words from dictionary. Its an art too. Ever heard of phonetics.
have a nice day.
Are you quite sure it is a logical creative thing ? There are a lot of words which are pronounced quite differently from the way they are spelled ... unless you know the word ( by cramming ) you would not be able to spell it.
Your point 1 has nothing to do with this topic. Was it ever said that GC is the only thing in life by anyone ?
Obviously this is hard work but to what end. How is knowing the spelling of every word in the planet going to help her or anyone for that matter.
Better be a good writer who writes on interesting topics , stories or novels than to be the proof reader for the writer. Who do you think would have a good career - the writer or the proof reader.
Learning how to spell would have taken thousands and thousands of hours . Wouldn't that time be better spent in learning maths or science or arts or a musical instrument or sports or anything that will help her in the future or be personally gratifying for life. I am not sure she will remember half the words 10 years from now just like a engineer doing java programming for 10-15 years would practically remember nothing he learned in college.
1. Its posted in Interesting topics section. GC, E2/E3 predictions,H1B extension etc is not the only thing left in life.
2. Spelling is a logical/creative thing. Its not cramming words from dictionary. Its an art too. Ever heard of phonetics.
have a nice day.
Are you quite sure it is a logical creative thing ? There are a lot of words which are pronounced quite differently from the way they are spelled ... unless you know the word ( by cramming ) you would not be able to spell it.
Your point 1 has nothing to do with this topic. Was it ever said that GC is the only thing in life by anyone ?
Obviously this is hard work but to what end. How is knowing the spelling of every word in the planet going to help her or anyone for that matter.
Better be a good writer who writes on interesting topics , stories or novels than to be the proof reader for the writer. Who do you think would have a good career - the writer or the proof reader.
Learning how to spell would have taken thousands and thousands of hours . Wouldn't that time be better spent in learning maths or science or arts or a musical instrument or sports or anything that will help her in the future or be personally gratifying for life. I am not sure she will remember half the words 10 years from now just like a engineer doing java programming for 10-15 years would practically remember nothing he learned in college.
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desi3933
06-24 10:29 PM
desi3933,
May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?
the following are desi3933's comments:
- sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
- desi3933: 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.
Yes, there is a distinction between if the I-94 date has expired, or if it is valid
Sertasheep -
Here is a link that has details about both both Out of Status and Unlawful Presence. Please note that 3/10 year ban applies only for Unlawful Presence case only.
http://www.immigrationlinks.com/news/news729.htm
As per memo -
Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:
* when the date on the I-94 (or any extension) has passed, or
* if INS or an IJ makes a finding of a status violation, whichever comes first.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
May be you're right. for the benefit of the others, can you provide more info, and any basis for your statements. This would be useful information to have for a lot of affected individuals. Is there any reference to INA or CFR that one could look up?
the following are desi3933's comments:
- sertasheep:Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- sertasheep: Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.
- desi3933: 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.
Yes, there is a distinction between if the I-94 date has expired, or if it is valid
Sertasheep -
Here is a link that has details about both both Out of Status and Unlawful Presence. Please note that 3/10 year ban applies only for Unlawful Presence case only.
http://www.immigrationlinks.com/news/news729.htm
As per memo -
Aliens Admitted Until a Date Certain: In general, an alien admitted until a specified date will begin to accrue unlawful presence either:
* when the date on the I-94 (or any extension) has passed, or
* if INS or an IJ makes a finding of a status violation, whichever comes first.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
hairstyles Bill Kaulitz was spotted
Legal
02-04 02:33 PM
This is still not a big deal.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.
anandrajesh
04-26 10:28 AM
Fantastic Job folks.
This is absolutely fantastic. An article on the frontpage of Washington Post dedicated to IV. I'm sure the opponents must be cringing in their seats and biting their finger nails.
We sure do need more members to contribute to sustain this level of intense involvement.
This is absolutely fantastic. An article on the frontpage of Washington Post dedicated to IV. I'm sure the opponents must be cringing in their seats and biting their finger nails.
We sure do need more members to contribute to sustain this level of intense involvement.
floridasun
04-19 06:39 PM
good post... agreed for the most except - yes this is how free market enterprise works but this is also how economy is so vibrant and so many jobs are generated although US has only 300 million ppl most of whom are under-educated. if you are saying ppl in 30's should look elsewhere - where would so many ppl look jobs for ? why not they stick here for few more years and when time comes (read it as when they are forced to leave the country), they just go back to home country and make use of saved money/401k etc in their local currency. also focus on their kids.
Politicians always want to keep issues alive! If issues go away, there is nothing to fight, nothing to talk in the elections; without issues you cannot get "bulk" support from any specific group! So, the so called CIR will remain a "perpetual carrot". It will never happen in our life time.
We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!
I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:
1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]
2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!
3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!
4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations
5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together
So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!
Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?
Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!
How is the CIR even relevant in our case? Did we do anythng illegal????
What are we all waiting for? ~ ~ ~
Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)
Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.
When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"
Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!
If we are expecting miracles, we are chasing a mirage!!!
May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!
Politicians always want to keep issues alive! If issues go away, there is nothing to fight, nothing to talk in the elections; without issues you cannot get "bulk" support from any specific group! So, the so called CIR will remain a "perpetual carrot". It will never happen in our life time.
We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!
I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:
1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]
2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!
3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!
4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations
5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together
So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!
Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?
Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!
How is the CIR even relevant in our case? Did we do anythng illegal????
What are we all waiting for? ~ ~ ~
Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)
Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.
When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"
Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!
If we are expecting miracles, we are chasing a mirage!!!
May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!
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