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  • prioritydate
    12-20 07:03 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html



    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.

    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.





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  • vin13
    11-12 05:35 PM
    VIN13

    Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.

    What else you want us to do?

    Thanks.

    Best would be to meet your lawmakers. It is not too hard to get an appointment. You may be able to meet the lawmaker's aide. Just explain the situation and ask for their help to resolve.

    A big help would be for someone to post contact details for some of the officials (USCIS, DOS, Ombudsman). We would be able to pass this information to the senator's aides or fax/mail the letter directly.

    Thanks





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  • rimzhim
    04-04 03:54 PM
    So, only "US-educated folks" are entitled for H1? Is that what you are saying? And only that is a principled stand and rest everything is falsehood?
    IEEE believes that ppl educated in the US should not be sent back and should actually stay here. I agree with that stance. After all, they want what is best for ppl born here and those who have been educated here. It is IEEE-USA :)





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  • supernova
    04-06 08:37 PM
    I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.

    You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.



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  • mallu
    02-22 07:17 PM
    Following advice of 'Googler' i skimmed through the USCIS OMbud's report. So USCIS is not able to accurately 'count' the cases because old cases at local offices are not accounted in system (?) . Otherwise it would have been a quick data base query to obtain whatever statistics.

    And i was interested in knowing how many India EB2 pending till Oct.2002 ;-)





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  • virtual55
    07-05 01:16 PM
    Yes I aggree. I think we have reached a stage where there are at least around 1000 members who flock to IV, when they need help on any GC related issue.

    Why not make IV paid membership? IV core team's work and persistance has made this site an integral part of all GC apsirants' lives.
    Peole value this site/it's opinions etc. There is nothing wrong in make them pay for it ONLY because we are on so shoestring budget. Our efforts can be more fruitful if core is having enough funds at disposal.

    Those who care about IV efforts ,who care about themselves and GC will definitely join and those who wanted this site to be non paid will realize and will also join as paid members later on.



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  • dingdong12
    09-09 02:25 PM
    American lawmakers have created a law that needs only top talent. By law it go from top to bottom. So they go from EB1, EB2, EB3 and so on. If we disagree, then get the law changed.

    EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.

    They should be doing hunger strikes and do a rally in DC every month.

    Else they can forget Green card coming any time soon.

    Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.





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  • NKR
    07-29 12:06 AM
    Time for a chill beer, anybody wants to join? If yes, wherever you are, cheers :cool:

    Cheers dude, working on an assignment...

    hick. gueesa i hadf twoo machs beor.. hick ...goodsnightsss



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  • joydiptac
    02-13 06:37 PM
    Ethnic cleansing or not. I somehow knew this was coming. It was obvious, people not getting GCs for so many years. Disaster waiting to happen - count down till the next downturn.

    People from Britain and Germany if you are not affected please do not comment. We are smart people we know what is happening no need to rationalize. I would like to see your reaction if you were asked to move back to your country after building a life here for almost a decade.





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  • Libra
    09-28 10:07 AM
    ateast we have laws here to protect us from racism and hatred, i dont have personal experience but my cousin who lived 3 yrs in middle east and 2 yrs in europe and currently living in US says US is better than those countries to live.

    so lets fix the system for us and live peacefully.



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  • PresidentO
    02-03 02:06 PM
    Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
    If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.

    Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?





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  • vkraman7
    03-17 11:07 AM
    Category: EB3 India
    PD: Sep 2002
    Filed 485 on 07/27/2007



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  • singhsa3
    03-04 12:16 PM
    Those were different times. Try taking mortgage now on your EAD.
    Here are my particulars:
    Family income: Almost 4-5 times per capital GDP
    Job type: Stable
    Credit score : Excellent
    Highest education: MBA
    Willing to put downpayment: Yes, required 20%
    Mortgage application: Rejected as EAD is valid for only one year.

    Now you tell me what should I do...


    I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.

    In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.

    Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.

    So in June 1999 we purchased a 1,950 sqft house for $280,000.

    In September 2003 we sold that house for $535,000.

    Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.

    I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.

    I’m not looking to brag, I am sharing my experience.

    1 my wife and kids were on H4 they needed a home to be happy in.
    2 it made economic sense to buy
    3 we got the right funding
    4 had we waited for GC we could never have afforded the home we currently live in.

    The timing of immigration approvals had no bearing on whether I decided to purchase property.

    good luck to all





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  • tikka
    07-04 08:25 AM
    That is a valid concern veerug brought up and it would be great if the IV core team can list how IV will complement AILF during this lawsuit.

    I understand that it may not be the right time since even now AILF is in the process of identifying a strategy and IV team may not have had time to detail this yet. But, it would help if there is a sticky with this info,probably in the same sticky that pappu posted, URGENT IV Message: Lawsuit and other update, so everyone can understand the motivation and the action items for this.

    Regarding the media drive,I believe that we have a better chance of getting more attention if we can get information on the scandal info that USCIS might have gone the extra mile to revoke July bulletin availability dates.

    Thanks for this portal for everyone to get organized on immigration issues.

    Amar

    for your efforts with the DIGG drive...
    we need to continue.... where we left off



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  • newuser
    04-21 11:45 PM
    Thanks for the updates.





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  • prioritydate
    12-20 07:05 PM
    I was under the impression that 10 - 15 days gap or 1 month gap can be justified as vacation or sick leave as long as "employer - employee " relations exists (not terminated by the employer). One whole year cannot be justified under this.

    What would you do if no one is calling for an interview? It is not like I didn't managed to get a job. Nobody called me for an interview. At least, the Desi consulting company that I have joined, didn't managed to arrange an interview.



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  • vicks_don
    01-26 08:28 AM
    I think lot of things happened..1).our provisions are included in the CIR Bill Last year 2) Our provisions are in the skill bill 3) Atleast I guess 100 politicians know about our problems now

    ALL OF THIS IS BECAUSE OF IV

    Its only the last step that was not successful because of illegal immigration..

    Hopefully we can get that done this year..



    dear friend,

    we would all like something to happen. but not everything is in our hands. nor do these things happen easily or quickly. the issues involved are now deeply emotional and political. much of what goes on is in the background and not for public consumption. there is a certain expectancy over immigration reform this year, we cannot afford to waste the sliver of opportunity that may present.
    let me put two things to you simply:

    1. if you keep waiting for "good news" to make your contribution, and if enough people think like you, well maybe it will never come. you see, the whole thing about iv is that we are trying to make our own destiny. without effort there will be no fruits. many people are making significant efforts, may be you have missed that on your visits to the forum. without the help of many more though, we are sunk.

    2. your contribution is intended to create "good news", it is not some reward you hand out after success begins. i realize that you are feeling low and frustrated. please join this effort in earnest- the best way to feel positive is to know you are making your utmost effort. not just money, bring in members and join a state chapter, meet lawmakers and help with campaigns on the forum. If everyone did these things, we would be unstoppable.

    please think about it. you have been waiting for months to see results from others hard work. maybe it's time to jump right in.
    thanks for reading...





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  • eb3retro
    01-30 02:33 PM
    Hello all,

    A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.

    Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?

    I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.

    How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.

    i dont get it, u r a EB3- india (ur profile says that) with SEp 05 PD and you got an RFE on 485? Cos, i know uscis did not even touch eb3 india with any PD of even 2002. something is not right?





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  • chanduv23
    09-28 03:36 PM
    Good point Jaime... currency strengthening has nothing to do with general career opportunities in that particular country. In short term it is because of interest rate differentials and in long run it is because of multiple factors primarily being inflation and trade balance. Therefore moving to Europe or India (best performing Asian currency this year) because of appreciating local currency does not mean anything as far as your career opportunities are concerned.

    By the time you are settled in Europe (5-10 years), the currency rates may reverse because US would have started exporting more goods to Europe as US goods would be getting cheaper. Euro and dollar zones are mature market based currencies so we can say something about them.

    However, same is not true for India largely because of intervention of RBI. However, look at Japanese currency, over 3 decades it has risen from 600 yen to 115 yen even after intervention of Japanese central bank. This is because of strength of exports from Japan. So it is possible that INR may end up somewhere near Rs. 8-15 if we go by PPP or somewhere in between depending upon trade balance and inflation. However recent reports suggest that Rs. 32-35 is breaking point and Indian software exports will become costlier than simply offshoring to Arkansas or Illinois. Therefore, most likely Indian govt. will step in and avoid dollar free fall against rupee.

    Very good analysis.

    On another note people discuss about excessive war spending and lack of funding for technology and research and innovation and offcourse, lack of motivation to fix the legal immigration mess and protectionistic policy appproach as part of vote bank politics.

    So we have two different perspectives here.





    Pineapple
    11-12 09:19 AM
    Got my receipt letter from USCIS. The FOIA request has been put on the complex track.

    By the way, since this is an IV action initiative, I think this thread should be a link on IV's main page as a headline instead of being buried in the forums..





    anurakt
    12-27 10:56 AM
    France
    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions
    If your transit time is less then 6 hours and you hold a valid US VISA or Green card, you do not require a transit VISA.

    * No airport transit VISA is required, if your tranit time is less than 6 hours and you are holder of USA Permanent Resident Card (Green Card) or a valid permanent resident permit in any of the countries of the European Union or a residence permit in Iceland, Liechtenstein, Norway, Switzerland, Monaco, Andorra, the Holy See, San-Marino, Canada or Japan. (if your layover is more than 6 hours, you need a transit VISA even if you have the permanent residence permit for any of the countries mentioned above).

    * No Airport Transit Visa is required if your transit time is less than 6 hours and you hold a valid USA visa in the passport and confirmed airline tickets (no open tickets) for these nationalities only (if your layover is more than 6 hours you need a transit VISA even if you have valid US VISA).

    For more information on VISA / transit VISA requirements, please visit the official website of French consulate/embassy.
    http://www.consulfrance-newyork.org/us/visas/airporttransit.htm


    Germany

    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions

    If you hold
    a residence title of a member state of the European Union or a member state of the European Economic Area (EEA, i.e. Iceland, Liechtenstein and Norway) or
    a residence permit of Andorra, Japan, Canada, Monaco, San Marino, Switzerland or the USA you do not need a transit visa.
    Airport transit travelers who are holding a valid visa for the USA (an approval notice is not sufficient), Canada or Switzerland, are not obliged to obtain an airport transit visa prior to departure. Until further notice for these travelers a "visa on arrival" will be issued by the competent authorities at the respective airport in Germany and no specific action is required from them to obtain an airport transit visa.


    If you are still in doubt whether you need an airport transit visa, do not hesitate to call the German mission which serves your place of residence in the US.

    For more information on VISA / transit VISA requirements, please visit the official website of German consulate/embassy.
    http://www.germany-info.org/relaunch/info/consular_services/visa/countrylist.html#except1

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.

    http://www.germany-info.org/relaunch/info/consular_services/visa.html


    Italy

    US Passport Holders: Not required
    Indian Passport Holders: Not Required

    For more information on VISA / transit VISA requirements, please visit the official website of Italian consulate/embassy. http://www.italconschicago.org

    Address / Contact numbers in USA

    CHICAGO - Consolato Generale d'Italia Tel.: 312 467 1550
    500 North Michigan Ave - Suite 1850 Fax : 312 467 1335
    CHICAGO IL 60611
    e-mail: chicago.visa@itwash.org

    DENVER - Vice Consolato Onorario Tel.: 303 224 9927
    7325 So. Jackson St. Fax : 303 224 9930
    Centennial, CO 80122
    Vice Console Onorario - Maria Elisabetta ALLEN
    e-mail: italyconsulcolo@email.msn.com

    KANSAS CITY - Vice Consolato Onorario Tel.: 913 281 2222
    New Brotherhood Building Fax : 913 321 6525
    753 State Avenue, Suite 102
    KANSAS CITY KS 66101
    Vice Console Onorario- Roberto L. SERRA
    e-mail: RSerra@wycokck.org

    ST. PAUL - Consolato Onorario Tel./Fax: 651- 641- 0207
    1844 Portland Avenue
    ST PAUL MN 55104
    Console Onorario - Jane Calabria McPeak
    e-mail: jcm4@comcast.net

    ST. LOUIS - Vice Consolato Onorario Tel.: 314 259 2413
    Bryan Cave LLP Voice Mail: 314 259 2008
    One Metropolitan Square , Suite 3600
    211 North Broadway
    ST. LOUIS MO 63102
    Vice Console Onorario - Joseph COLAGIOVANNI
    e-mail: jcolagiovanni@bryancavellp.com

    Consular Correspondents:

    MILWAUKEE - Dominic H. FRINZI
    2825 North Colonial Drive
    MILWAUKEE WI 53208
    Tel. (414) 475-5120

    IOWA - Nicholas CRITELLI
    317 Sixth Avenue, suite 500
    DES MOINES IA
    Tel. (515) 243-3122
    Fax (515) 243-3121

    ILLINOIS - John BUCARI
    500 E. Monroe St.
    Springfield, IL 62701-1509
    Tel. (217) 782-3000
    Fax (217) 558-4297
    email: JBucari@bre.state.il.us

    * It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.



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