bestia
01-19 03:54 PM
Its a matter of interpretation. Cops are not lawyers and neither am I. Arguing simply makes matters worse. None the less, you can argue as much as you want but if the cop has one on his mind and you have another, it certainly doesn't help your situation.
Of course. Judges are the ones who interpret the laws. Officers just do what they are instructed to do. My point was just out of curiosity, how I think this law is being interpreted.
But of course. My opinion is not only not to argue with officers, but don't even talk to them. When I feel that officer wants some "conversation" with me, my favorite response is "sorry officer, me no understand, no speak english". period. Smile to his face, keep saying "sorry". Don't show any extra document - just only what is required, nothing extra. Officer can be asking any questions, just hand him business card of your lawyer, say "my lawyer, talk him". as worse English you will use, as better it will be for you. My experience.
When I first entered United States I was kept at secondary check for 4 hours (1999, IAD, Virginia). They kept asking me all kinda questions, it was no end. Finally I got pissed, I said "Sorry, I don't speak English good" and started playing with them. I took my dictionary and starting looking up every word. My next answer took 5 minutes. In next 5 minutes a woman walked to me, handed my documents and said "Welcome to America".
Of course. Judges are the ones who interpret the laws. Officers just do what they are instructed to do. My point was just out of curiosity, how I think this law is being interpreted.
But of course. My opinion is not only not to argue with officers, but don't even talk to them. When I feel that officer wants some "conversation" with me, my favorite response is "sorry officer, me no understand, no speak english". period. Smile to his face, keep saying "sorry". Don't show any extra document - just only what is required, nothing extra. Officer can be asking any questions, just hand him business card of your lawyer, say "my lawyer, talk him". as worse English you will use, as better it will be for you. My experience.
When I first entered United States I was kept at secondary check for 4 hours (1999, IAD, Virginia). They kept asking me all kinda questions, it was no end. Finally I got pissed, I said "Sorry, I don't speak English good" and started playing with them. I took my dictionary and starting looking up every word. My next answer took 5 minutes. In next 5 minutes a woman walked to me, handed my documents and said "Welcome to America".
wallpaper happy birthday cake candles.
desi3933
01-30 03:26 PM
Ok now I am very very confused :confused:
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
gimme_GC2006
05-12 02:48 PM
While I wait for GC and chewed up all finger nails, I thought its good time to think about adding a qualification to myself.
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
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mariner5555
02-14 06:31 AM
Canuck,
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
more...
chanduv23
11-22 10:47 PM
[QUOTE=ImmiLosers]Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
This is clear. Unless the 140 was found to be fradulant or misrtepresentation, the PD is transferable. Am I not right ????
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
This is clear. Unless the 140 was found to be fradulant or misrtepresentation, the PD is transferable. Am I not right ????
vkrishn
07-13 06:57 PM
I thought it will not be of much use since my PD wasn'tcurrent. Can you let me know the procedure to open a SR?
more...
ags123
03-10 07:30 PM
I agree that preadjudication could be happening now and the flood gates are to be opened for Eb2 I soon. Otherwise why would USCIS work on apps and send for RFE etc?
I have seen high activitiy in the last few months.
I have seen high activitiy in the last few months.
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REEF�
03-13 12:15 AM
Daayummmm @ ThirdWorldMan. That render looks crispy and fresh mang. You got my vote :sen:.
more...
GreenLantern
02-15 08:49 PM
:thumb:
I see said the blind man. I like it.
I got started on making a subway and gave up, then I thought I would start with something simple so I started modeling a computer case. (clickity click me (http://www.kirupa.com/forum/showthread.php?t=85814))
I see said the blind man. I like it.
I got started on making a subway and gave up, then I thought I would start with something simple so I started modeling a computer case. (clickity click me (http://www.kirupa.com/forum/showthread.php?t=85814))
hair Black Cake With Candles And
xyz2005
07-18 09:43 AM
What is meant by "Rejected" here?
-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)
Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.
I contacted my attorney but so far no reply. Will update all of you.
I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks
-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)
Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.
I contacted my attorney but so far no reply. Will update all of you.
I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks
more...
nixstor
10-16 05:59 PM
I personally think there is a possible ambiguity in the request (especially since we are dealing with a government agency). So we should probably bullet point the data we need at least and if people don't think there is any harm in putting in a table for the format of data needed that will make things very clear. I agree with you that breakdown of quarter/month is probably not needed and might actually hurt our chances of getting the answer within reasonable amount of time.
Hear ya. Even though its repetitive,for the sake of clarity and to avoid ambiguity/frivolous answer, I have updated the document in google docs and the attachment by one of our other member prabhu.
Thanks for your feedback.
Hear ya. Even though its repetitive,for the sake of clarity and to avoid ambiguity/frivolous answer, I have updated the document in google docs and the attachment by one of our other member prabhu.
Thanks for your feedback.
hot Hana#39;s 3rd Birthday--Cake and Candles. 0:50. Friends and family sing Happy
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.
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.
more...
house stock photo : irthday cake
srikondoji
11-19 10:39 AM
My H1-B expires in another 8 months. I got my Labor cleared (EB-2) in 2 months through Perm and just finished applying for I-140. Before february, if i don't get my I-140 cleared i will go through Premium and apply for H1-B 3 year extension.
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
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vin13
11-13 12:27 PM
The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
more...
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gc_rip
09-09 12:36 PM
I get this question every day, what are the hopes for EB3-I, or rather are there any hopes for EB3-I? Are we fighting a lost battle?
What do people here really think?
1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?
2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.
3. Wait for another X years, and then go back.
4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
--- Hoping family based GC would still be allowed by then
5. Don't know, confused?
What do people here really think?
1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?
2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.
3. Wait for another X years, and then go back.
4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
--- Hoping family based GC would still be allowed by then
5. Don't know, confused?
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GCKaMaara
04-07 10:52 AM
I would not say people are intentionally lying but fact accuracy deters when transferred from one mouth to another. I would only rely on first hand information.
more...
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k3GC
11-10 10:06 PM
IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover
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GCOP
10-15 01:04 PM
Flowers can work this time also. Any/All suggestions, which help to pass the visa recapture bill are most welcome. I think, right time to start any campaign would be after election. In the meantime, we can utilize this time to come up with firm action plan. IV core team is requested to decide the course of action and declare the action plan.
Guys,
I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.
Guys,
I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.
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MDix
03-10 02:33 PM
From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
uma001
10-06 09:11 AM
Congratulations...did you get the client letter to satisfy the new Employer-Employee relationship requirement. Was your H1B approved for just the duration of the project.
I gave purchase order between my employer and vendor. I prepared a letter with description of dutied and give it to lawyer, told him to attach it with the application. No RFEs approved in 15 days. I still need to receive I94 , so dont know how many years its approved.
How can I get client letter before I join in a project?.Its not extension. It is impossible to get letter from client. If you say to the client I need letter because I need it for H1 transfer, they will say 'sorry, we will look for another candidate'..
I gave purchase order between my employer and vendor. I prepared a letter with description of dutied and give it to lawyer, told him to attach it with the application. No RFEs approved in 15 days. I still need to receive I94 , so dont know how many years its approved.
How can I get client letter before I join in a project?.Its not extension. It is impossible to get letter from client. If you say to the client I need letter because I need it for H1 transfer, they will say 'sorry, we will look for another candidate'..
GCWish
03-09 07:31 PM
It is the right time to do some concrete action to bring out the facts that
1. Approving the EBs would not add to any significant shift in employment demographics, given that all these people are in the US already
2. The benefit that this would bring on the demand side esp.housing market
Let�s start a letter campaign to the attention of the Obama administration and the USCIS secretary Janet Napolitano
1. Approving the EBs would not add to any significant shift in employment demographics, given that all these people are in the US already
2. The benefit that this would bring on the demand side esp.housing market
Let�s start a letter campaign to the attention of the Obama administration and the USCIS secretary Janet Napolitano
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