Monday, September 26, 2011

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  • lazycis
    12-21 10:03 PM

    According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?

    I like your insight into immigration policies and the way you express them.


    8 USC 1182(a)(9)(B) Aliens unlawfully present
    (ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

    Unlawful presence is different from out of status.
    The period for unlawful presence begins on:
    1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
    2) status violation, determined by an immigration judge, or
    3) status violation, determined by the USCIS during the course of adjudicating a benefit application.

    245(k) allows up to 180 days of "out of status".

    If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
    So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.

    However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".

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  • nixstor
    07-05 12:47 PM
    Lets stop this thread and core decide about this ( who are running IV )

    This is creating lots of discussions and nothing will come out apart from
    wastage of our time... I mean we get attracted to a spicy thread like this automatically and the end result is 0

    Spciy thread?? This is not spicy. This is serious stuff. I am not the OP, but the subject of the thread might be spicy to some folks. This discussion has come so many times. Atleast now we see that we have equal number of people split on both sides.

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  • StarSun
    03-24 02:12 PM
    Thank you for registering with Immigration Voice for the advocacy efforts in Washington DC. Your participation in such efforts will help tremendously in bringing about the positive changes we seek.

    Many of you may have questions regarding the advocacy event. To answer your questions, we are holding a conference call this weekend. An email was sent out to confirmed members today (Mar 24) with the subject line: IMPORTANT: IV Advocacy Conf Call Info. Please check your email for the conference call details and other important information.

    The conference call in number and details cannot be made public.
    Thank you.

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  • like_watching_paint_dry
    04-06 11:10 PM
    If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.

    In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.

    No no. This is very true. This happened to my friend's friend.

    My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.

    IV should do something about this before too late! ;)


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  • masouds
    02-16 12:00 PM
    Don't tell me that If I come from India, I don't assimilate with the local population.

    You don't get it, do you? I've never talked about you. What I am saying is simply this: If you don't limit the number of immigrants from one country, you essentially become a part of that country with the influx of people coming from there. This is what people in America are afraid of. They can't limit the influx of illegal immigrants from Mexico and other latin america countries, and it is becoming a big deal for them, since they don't want to be forced to learn spanish next time they go to a diner.
    Is it racist? probably so. But remember, it is their country; They make the laws. They can make people dance for 5 minutes at ports of entry while they film it and post it to youtube if they like (see recent articles about search and seizures of returning greencard holders' electronic equipment).

    If you support the old colonist and racist mentality , you stand no where. If you are so afraid of competing with Chinese and Indians that you have to refer Black period of American history, then my friend you don't belong on this website.

    And who the hell are you to tell me this?
    We don't represent any nationality here at IV but there is a good population of Indians and Chinese on this website and you don't wanna offend them with your racism. Again there is freedom of speech but you can take your a$$ to some anti-indian or anti-chinese blog if you want to release your bigotry.

    What did I say? What I mentioned was the natural tendency of people of one language and one common background to gather together and stay together, even though the whole society asks them "Please forget your background and become one of us". How is that racist? This law stops the society to become divided into two factions of 'Us' vs. 'Irish' or 'Us' vs. 'Italians' or 'Us' vs. 'Iranians', etc. There have been several waves of people coming to US for whatever reasons; They are just making sure this doesn't happen again.

    This per country cap law is very much like the tax code. If you change it to favor one class of people, you end up screwing everyone else. The current immigration law favors me, so I am happy. It doesn't favor you, so you are (understandably) unhappy. Calling me racist and trying to chase me out of IV is not going to solve your problem.

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  • gcseeker2002
    12-27 10:38 AM
    Dubai - no issues without valid stamp

    Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments

    Amsterdam/Schiphol - No issue without valid stamp

    London - ?????

    Seoul - ?????

    Singapore - ??????

    Bangkok - ?????

    Kuwait - ?????

    Zurich -- ????

    Geneva -- ???
    God Bless Asian countries :

    Singapore - Never heard of transit visa
    Bangkok - Never heard of transit visa
    Seoul - Never heard of transit visa
    Tokyo - They may introduce it soon as they think they are western country


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  • ajthakur
    07-14 06:50 PM
    How can you say dates will become current when I send the response.This could be a blessing for you.As your 485 file is now open depending upon your reply if IO is convinced he could easily mail out the GC to you as your dates would be current by the time he looks into your reply.Consult an attorney to frame a correct reply.
    Good luck.

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  • meridiani.planum
    08-07 02:38 AM
    Hi Sachug22,
    Some of the data you specified does not add up well. For example 2006 India, EB-total is 17,358 but 3,156+3,720+3,006 adds upto 9882.

    Any idea?

    Type 2001 2002 2003 2004 2005 2006 2007

    EB1-All 41,672 34,168 14,453 31,291 64,731 36,960 26,697
    EB2-All 42,550 44,316 15,406 32,534 42,597 21,911 44,162
    EB3-All 85,847 88,002 46,415 85,969 129,070 89,922 85,030
    EB-All 179,195 174,968 82,137 155,330 246,878 159,081 155,889

    EB1-I 3,543 2,820 1,266 2,998 6,336 3,156 2,855
    EB2-I 21,355 21,310 8,536 16,262 16,687 3,720 6,203
    EB3-I 16,339 17,354 10,647 19,889 23,250 3,006 17,795
    EB-I 41,720 41,919 20,818 39,496 47,160 17,358 26,853


    that difference in numbers between total(EB) and total-india-GC for 2006 is because of a special provision of 50k visas made for schedule-A (nurses). Folks from Philippines and India took a big chunk of those visas. There was a lot of discussion of that on IV, because those 50k were recaptured visa numbers, which instead of being put into the general pool, were all given to schedule-A.


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    01-18 03:23 PM

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  • dakajo
    12-21 10:07 PM
    You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...


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  • superdude
    07-24 12:20 PM
    My lawyer is going to submit the 485 WITHOUT a letter from my current employer. This is going to be a concurrent I-140 and I-485 application (140 and 485 applied together).

    I looked at the 485 application form and see that it clearly mentions - page 5, that a letter from the employer is required (mentioning job title, job description and salary). My lawyer still says it is NOT required.

    - Are there people who have submitted 485 applications OR who are going to submit the 485 WITHOUT an Employment letter ? Replies/advice greatly appreciated.
    Thanks in Advance!
    employment letter is not part of initial evidnece per the FAQ issue by USCIS on 07/23/2007. Only signatures and exact fee amounts are part of initial evidence. Sit back and relax now.

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  • psaxena
    05-26 05:09 PM
    I have seen the similar stop points in San Diego also and also while travelling to CA from AZ I was stopped at the border and then the office looked inside the car and said and thank you and let us go. I normally drive CA on the long weekends most of the time and everytime the same thing happens.

    Well good to know this, as I never carried my documents ever with me.


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  • sammas
    07-12 03:57 PM

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

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  • mirage
    02-07 06:17 PM
    If you remove country quota, the system should work in FIFO order, First in First out, it will not differentiate if you are from India, China or Nepal.
    I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.


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  • yabadaba
    09-26 12:44 PM
    As needhelp said earlier, the damage is done. This is really shameful on the part of CNN. Maybe its a coordinated effort by the Lou Dobbs production team to equate our issues with H1B. This philosophy trickles down and freelance writers end up subscribing to that ideology giving betsy ross and her hateful group a nice platform for them to launch their attacks on us or spread even more misinformation.

    One thing I started doing was identifying texts in the comments section of any news article post related to high skilled immigration. It looks like ALIPAC or one of those hate groups have a concentrated effort for members to post the same message in the comments section of any media article that is sympathetic to our predicament. We need to identify these posters and the messages - maybe it all comes from one user posting the same set of stock messages with different names.

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  • Dhundhun
    07-12 11:06 AM
    Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.

    To be precise:

    USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.


    The Processing Dates are in Julys. Several applications are Augusts. Movement of Processings Dates are so slow that USCIS must have taken Processing Dates into account alongwith Priority Dates. There was a ball park figure from USCIS last year that it will take 18 month to process files.

    Today's Processing Dates are:
    TSC EB I485 Processing Date July 17, 2007
    NSC EB I485 Processing Date July 28, 2007


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  • gimme_GC2006
    04-06 06:18 PM
    Sure I will give the link..

    I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).

    Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..

    Nothing can bring them back unless they file a new petition and go for stamping..

    I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..

    its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.

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  • desi3933
    02-01 08:03 AM
    Thank you very much for the response. I sent you a PM.

    Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?

    Thank you.

    >> Thank you very much for the response. I sent you a PM.
    I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.

    Not a legal advice.
    US Citizen of Indian Origin

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  • vin13
    03-09 12:22 PM
    This is horrible. Does not make much sense.

    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?

    07-01 10:32 PM
    Online petition is a great idea. But what will it accomplish?? Ultimately all those questions have to addressed in the form of a bill and that needs to be passed in the Congress. Is it a coincidence, we already have a bill HR5921 addressing those questions raised by OP All we need to do is channel our energy to make this bill along with the other Rep. Lofgren bills a success.

    IV is already raising all those questions mentioned in the petition with the lawmakers. So what is new in this petition?

    Even after thousands of calls, what if they don't pass the bill? I am not pessimistic but I want to have this pass desparately. Lets think about all the possibilities and have solutions or atleast plan for all of those. Just think about this, if someone files a lawsuit on us, we will be sweating and running here and there even though we know we are gonna win. lawsuit will make them think, make them spend money. Trust me nobody wants to go through that husstle. And if we win, they have no way but do something about per country quota limit whether congress passes the bill or not. On the downside, if we loose, they can worsen the situation for us in which case they have to face anger from business community and during election season, goverment wouldn't like to do that.

    All I am saying is if we have a case we should pursue it. Otherwise there is no point of fighting loosing battle.

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