Monday, September 26, 2011

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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
    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

    Go to (k) -lowercase k.

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  • carpediem
    05-15 11:08 PM
    I am in agreement with JavaDeveloper on this. I am working on an H1B visa (4th year), and I have an approved EAD too. The problem is that until I get a GC, I am tied to chip design. While I have not finished 6 years on my H1B, I could move around at the cost of losing the EAD. But then my wife cannot work because she will lose her EAD, and she has already finished 6 years on H visas.

    So inherently if you anticipate wanting to change fields, America is not an option. If you guys have any other ideas on this, I would love to hear from you. The only hope might be becoming a manager and filing GC again through EB1, but that seems very unlikely for semiconductor firms.

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  • rambo45
    09-26 02:56 PM
    I got a similar reply as above from CNN

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    07-13 03:44 PM
    I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.

    Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.

    I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?

    Why did you not open an SR. I was in the same situation, my company replied back to the RFE and the status still says we recieved your RFE. I opened an SR to find out my position this March, they said they are waiting for visa to get current.

    Try opening an SR and just find status.


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  • perm2gc
    01-10 06:21 PM

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  • sledge_hammer
    12-10 08:50 AM
    and EB2-India by a month; yaaaaay :)

    EB3-India moved for 15 days. This sucks.


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  • vicsthedude
    09-17 05:31 PM
    Yes was similar to yours. The status did change to Review. They just got it yesterday and I saw hard lud yesterday and a soft lud today. I did not know how my Attorney responded or worded it, I just sent him the EVL from current employer.

    How many days have passed snce they received your response? Was yours similar to mine. Please look at Page 1 of this thread of my detailed RFE. Did the sttus change for you to "Review"? Sorry so many questions but my attorney is sending the response overnight today and i am so nervous and anxious and scared and.... etc.

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  • Karthikthiru
    06-10 03:55 PM
    Done. Just did it


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  • optimist578
    01-31 03:16 PM
    My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible. He finally decided to leave the company and lost 1.5 month pay. Now he has the following issues.

    1. He did not get his W2. And the company is not responding to his queries for his W2
    2. He had to pay the tax on the amount which he did not received any money for 1.5 months

    I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.


    IRS requires every employer to furnish W-2. Take a look at this:,,id=106470,00.html

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  • ajay
    12-25 02:12 PM


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  • ambals03
    06-10 04:39 PM
    Done and forwarded to 10 friends.

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  • logiclife
    06-30 06:22 PM
    The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.

    Be assured we are considering all options. We are also working with like minded organizations and on
    our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
    visa bulletin that will change the current dates.

    Please be patient and continue to support us. We will continue to update on the website as we have any more
    update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.

    Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.

    IV may post update about its course of action as early as Sunday evening.

    IV team


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  • quizzer
    08-15 03:59 PM
    Sep visa bulletin better than expected for EB2

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  • anilsal
    12-11 03:00 PM
    In my opinion, USCIS created this rule to disallow new applications such that they can deal with the countless backlogged apps for labor.

    If the change of rule does not need congress action, then why not explore this option of allowing filing I485 during retrogression?


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  • webm
    03-19 03:52 PM
    May be I am not aware, say the dates move to 2005, then whoever has a PD till 2005 and has a pending 485, is bound to get GC approved,

    Approval depends on luck again as you know sometimes they follow random process and by that time dates can go back or stand still or wonders anything can happen..

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  • McGuffin
    02-14 07:15 PM
    I'm in.


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  • snegrust
    09-19 11:39 AM
    Congratulations to all of us for having marched yesterday, I was extremely impressed with the level of organization. Salut to everyone who made it possible.
    However, I have a whole bunch of points, sorry if they come out strong....

    1) I absolutely agree with the 'Legal' Immigration issue, we did look as if we were immigrants and not defined as legal, I think high-skilled is secondary to the legality... This is one of the reasons I have not purchased merchandise, as it looks like it addresses immigration as such. I think banner by Chinese group exphasizing the legal aspect looked very impressive..

    2) It was obvious from speeches on Monday night and yesterday (friendship between US and India comments, etc) that this is seen as an Indian issue. Unless you are trying to show it as such, something has to be done about it. Non-indians were marching with you as well, and next time effort should be made to put together Indian, Chinese and whoever else when putting pictures, RollCall for example, or talking to the press, or talking to representatives. I have expressed my desire and submitted all information to the person in charge of organizing meetings on Capitol Hill, but was not provided with this oppportunity..
    Basically, it was clear that, as of now, even many representatives see the issue as Indians versus Mexicans... Not a good idea....

    3) I thought that some of the signs were extremely offensive to the Americans "We brought you yahoo/hotmail/google" and as such... if I were an American contemplating about my views on the immigration, and if I were as patriotic as many Americans are, I would be upset with the messages putting down local brains...

    4) It was a very impressive effort by Chinese group, thumbs up. Although very strange that so ew of them showed up. My CHinese colleague who alreday has GC and helped distribute info to his friends, told me that all 5 Chinese papers in the area had big announcements about the Rally

    5) I agree with disappointment about local people, it seemed like there were many more members from CA, NY and other places than VA/MD/DC, we should all be wokring on raising awareness.

    All for now
    Agains, congrats to all of us

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  • Almond
    07-05 12:18 PM
    So many more places to go to on the internet and get free info and free forums to post on that making this one a paid members only forum would ensure you and a handful of others like you will be best friends posting and viewing on here by yourselves. At least it'll last for a couple of years, you know, longer than a western marriage because you're bound to be waiting considering the USCIS snail work pace. This forum should stay free so everyone can have access to it and be able to communicate with others in similar situations. If one feels like they can/want to contribute for whatever reason, it should be of their own choosing. I just joined so I don't have that sense of gratefulness that longer term posters have but I can see how that could change after being here for a while.

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  • anilsal
    12-26 03:50 PM
    MasterCard is quite attractive with the new WorldPoints concept. A point for every dollar spent. When you have sufficient points, you can get air tickets etc.

    An issue with Discover card is that it is not widely accepted outside the US - not in Canada or in Europe (the merchant will have to call some number to get authorization). Amex is usable worldwide.

    Many merchants do not accept either Amex or Disc in the US.

    04-25 10:55 AM
    Dear Googler and others:
    Since there has been some confusion about the receipt date versus the notice date in terms of the centres processing the 485s for final adjudication, my query is that which date (the receipt or the notice date) actually determines processing? Kindly let me know. Thanks.

    11-12 09:58 AM
    IV core should have two focus: long term plan and a short term plan.

    Long term plan is anything that involves visa increase.

    Short term plan is anything that does not involve visa increase, but that provides some kind of releif to us. A no-nonsense, non-controversial and simple measure that can be added to an appropriation bill is a best example.

    I hope the core is reading this post...

    If you have an idea, and possibly a suggestion on how to implement it, post it. Even an old idea with innovative implementation may help us.

    However, please do not wait on contribution thinking until something happens I don�t have to contribute. IV core is already working on many issues, and your monthly contribution would help stabilize resource needs for current items.

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