r_mistry
07-22 10:41 AM
Hello Everybody,
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
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deecha
07-20 02:05 AM
Hi Everybody,
I would like to start this thread for the benefit of people who do not have a straightforward immigration history. In a nutshell, I hope in the future this thread will serve to provide information and advice on
Out of Status issues - Inconsistency with what's stamped in the passport and what you're actually doing
Unlawful Stay - Stay beyond the date in the I-94 card
The main focus will be on what these things can do to your i) AOS/CP filings ;and/or ii) future non-immigrant visas.
I came to this country because of a twist of fate and had zero knowledge of the immigration laws here. Through the school of hard knocks, I have gained considerable knowledge about this convoluted process that affects us all and hopefully what I learnt will be of use to other people in the same boat.
A special mention goes out to "unitednations" for his skill and knowledge about various issues. Thanks buddy, you're a huge asset to all of us.
I would like to start this thread for the benefit of people who do not have a straightforward immigration history. In a nutshell, I hope in the future this thread will serve to provide information and advice on
Out of Status issues - Inconsistency with what's stamped in the passport and what you're actually doing
Unlawful Stay - Stay beyond the date in the I-94 card
The main focus will be on what these things can do to your i) AOS/CP filings ;and/or ii) future non-immigrant visas.
I came to this country because of a twist of fate and had zero knowledge of the immigration laws here. Through the school of hard knocks, I have gained considerable knowledge about this convoluted process that affects us all and hopefully what I learnt will be of use to other people in the same boat.
A special mention goes out to "unitednations" for his skill and knowledge about various issues. Thanks buddy, you're a huge asset to all of us.
waitingGC
02-05 08:27 AM
are we fighting over an unexistent pie? There is not even a small pie for us while we are discussing how to divide it.
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das0
04-10 03:37 PM
In the very fisrt line of the AILA document it says that the counting is still on
From the AILA Doc:
USCIS can now announce that the cap of 20,000 on these exempt cases remains open and that
USCIS will continue to monitor these filings.
That means - US-MS petitions on and before APril 9 are safe and USCIS is still accepting US-MS applications
Correct?
From the AILA Doc:
USCIS can now announce that the cap of 20,000 on these exempt cases remains open and that
USCIS will continue to monitor these filings.
That means - US-MS petitions on and before APril 9 are safe and USCIS is still accepting US-MS applications
Correct?
more...
deecha
07-20 12:59 PM
From february 2004 (expiry date of i-94 card) until april 1994 it looks like you accrued unlawful presence. The unlawful presence stopped when you filed the 485.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
Thanks UnitedNations ! That's what my lawyer said too. In fact he prepared the I-485 packet and is sending it to the USCIS Nebraska center today. In my I-485 packet he has included a rider (part 3, I believe) stating that a I-485 was filed earlier and withdrawn by me and has included evidence documents to that effect.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
Thanks UnitedNations ! That's what my lawyer said too. In fact he prepared the I-485 packet and is sending it to the USCIS Nebraska center today. In my I-485 packet he has included a rider (part 3, I believe) stating that a I-485 was filed earlier and withdrawn by me and has included evidence documents to that effect.
SM2006
03-09 01:27 PM
Pledged for $25, but contributed $50.
more...
praveenuppaluri
08-12 02:33 PM
people who already applied for GC (any EB) and are waiting, understand that you are lucky to cross that line.. in currrent economy, it doesn't matter if its EB2 or EB3, any job posting out there will get 100s of resumes and we are politely told to look for other options outside the country.. guess the below statement is true for everyone who needs to apply now..
EB Guys, ..
No green card for you. ... Do not hope for green card. H A V E F U N.
EB Guys, ..
No green card for you. ... Do not hope for green card. H A V E F U N.
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ItIsNotFunny
03-10 10:17 AM
Date of sign up: Mar. 10, 2009
Subscription Name: Donation to Support Immigration Voice (User: new2gc)
Subscription Number: S-49S51889FX977841H
I am sorry as I could not make donation so far. I can't open paypal from office and was really late yesterday night. Will make it this evening for sure :).
I wish IV Core would share more information like plan of action, who is working on each task related to this.
Subscription Name: Donation to Support Immigration Voice (User: new2gc)
Subscription Number: S-49S51889FX977841H
I am sorry as I could not make donation so far. I can't open paypal from office and was really late yesterday night. Will make it this evening for sure :).
I wish IV Core would share more information like plan of action, who is working on each task related to this.
more...
msp1976
02-02 09:27 PM
http://www.law.cornell.edu/uscode/8/usc_sec_08_00001153----000-.html
This gives the current statute about the numbers between EB1/2/3
The Unused in EB1 would be available for EB2 ...Unused EB1/EB2 would be available for EB3...
This gives the current statute about the numbers between EB1/2/3
The Unused in EB1 would be available for EB2 ...Unused EB1/EB2 would be available for EB3...
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Mahatma
07-10 02:53 PM
Senthil has articulated legal basis of current system. However, many members feel agrieved by current situation. My displeasure with current law was based on my perception about principles of natural justice and a dogma that one measure (current provisions) should not negatively impact other's basic rights for happiness, equality, nondiscrimination etc. Courts could take a look at how much damage or injury is possible or actually already resulting (stalled careers, family separation, life on hold, creativity-innovation halted) in current system. Atleast it will open up healthy debate and rational measures to address genuine problems.
Could anybody clarify as to whether counting of family members towards annual quota is mandated by congress or it is an administrative provision.
Bill Clinton did a wonderful fix by signing AC21 which corrected many shortfalls of immigration law.
I am personally not impacted by backlog. However, I am feeling bad enough for the failure of current sysem that overlooks human tragedies. 180-day name check fix is a commendable step by USCIS (brought about by healthy debate and do not look at this as court-imposed). As in the scientific world, peer review and criticism is taken seriously in this country. By law suit, we are trying to create peer review or honest analysis about this impasse. No body wins but the truth and humanity.
If there is any way to open up annual quota (recapture, family members exempt from annual limit or any measure I am not aware of), automatically everybody could benefit. It may be also possible for EB3 to interfile or refile for EB2 and take advantage of old priority date and shorten the wait. There is no magic wand! We could help our administrators, law makers, law protectors and law upholders to make appropriate corrections. Hence, scientific and rational dialogue through fair and just means should be our focus.
Let us highlight our difficulties in a logical way. Go about living normal life but stand up for something you believe in.
Honestly, Ineed to do some research on EB3 situation and see if there is something more meaningful to share with IVians.
Could anybody clarify as to whether counting of family members towards annual quota is mandated by congress or it is an administrative provision.
Bill Clinton did a wonderful fix by signing AC21 which corrected many shortfalls of immigration law.
I am personally not impacted by backlog. However, I am feeling bad enough for the failure of current sysem that overlooks human tragedies. 180-day name check fix is a commendable step by USCIS (brought about by healthy debate and do not look at this as court-imposed). As in the scientific world, peer review and criticism is taken seriously in this country. By law suit, we are trying to create peer review or honest analysis about this impasse. No body wins but the truth and humanity.
If there is any way to open up annual quota (recapture, family members exempt from annual limit or any measure I am not aware of), automatically everybody could benefit. It may be also possible for EB3 to interfile or refile for EB2 and take advantage of old priority date and shorten the wait. There is no magic wand! We could help our administrators, law makers, law protectors and law upholders to make appropriate corrections. Hence, scientific and rational dialogue through fair and just means should be our focus.
Let us highlight our difficulties in a logical way. Go about living normal life but stand up for something you believe in.
Honestly, Ineed to do some research on EB3 situation and see if there is something more meaningful to share with IVians.
more...
nixstor
04-05 05:17 PM
Go for another M.S. to maintain F1. It doesn't have to be a phD.
For getting into next year lottery :(
check these two links that gives the number of F1 students by major (http://opendoors.iienetwork.org/?p=89194) and country (http://opendoors.iienetwork.org/?p=89191)
US schools and economy are gonna be hit hard if no reforms occur soon.
For getting into next year lottery :(
check these two links that gives the number of F1 students by major (http://opendoors.iienetwork.org/?p=89194) and country (http://opendoors.iienetwork.org/?p=89191)
US schools and economy are gonna be hit hard if no reforms occur soon.
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ItIsNotFunny
03-06 01:41 PM
Reached pledge: 25% - 46 users - $25. 2 users $50.
Actual contribution received: 0% (my bad - didn't create account yet. I and Pappu are still discussing.)
Milestone 1 achieved.
Working for next. Can someone help in efforts of sending PM to frequent users?
Actual contribution received: 0% (my bad - didn't create account yet. I and Pappu are still discussing.)
Milestone 1 achieved.
Working for next. Can someone help in efforts of sending PM to frequent users?
more...
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nivasch
12-19 09:57 AM
Thanks for your efforts...
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nixstor
04-10 03:51 PM
From the AILA Doc:
USCIS can now announce that the cap of 20,000 on these exempt cases remains open and that
USCIS will continue to monitor these filings.
That means - US-MS petitions on and before APril 9 are safe and USCIS is still accepting US-MS applications
Correct?
I guess so.
If we add up the 119K and 13K (masters) it is around 132K. if they have received only one application per packet, the counting is almost over except for the 1000 odd applications and the masters cap is wide open as Mr Oh said. It would have been good if they said how many packets still need to be processed.
USCIS can now announce that the cap of 20,000 on these exempt cases remains open and that
USCIS will continue to monitor these filings.
That means - US-MS petitions on and before APril 9 are safe and USCIS is still accepting US-MS applications
Correct?
I guess so.
If we add up the 119K and 13K (masters) it is around 132K. if they have received only one application per packet, the counting is almost over except for the 1000 odd applications and the masters cap is wide open as Mr Oh said. It would have been good if they said how many packets still need to be processed.
more...
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ghost
04-13 02:33 PM
Can we propose a bill which would give us - the honest, sincere, law abiding aliens - a time bound path to Green Card and Citizenship?
If you are serious about your proposal - please reach out to IV core and ask them provide the necessary guidance to take up this effort.
FYI - it's not easy to propose a bill but Sen. Jeff Sessions (R-Alabama) is your best bet. As much as you can lobby with his legislative office, you'll gain traction on your proposal. Good Luck!
If you are serious about your proposal - please reach out to IV core and ask them provide the necessary guidance to take up this effort.
FYI - it's not easy to propose a bill but Sen. Jeff Sessions (R-Alabama) is your best bet. As much as you can lobby with his legislative office, you'll gain traction on your proposal. Good Luck!
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go_guy123
04-10 09:31 PM
As many are aware, there was a huge rush to buy and sell pre-approved labors during July-August 2007, when all the priority dates were suddenly made current. Tens of thousands of labors were sold by fraudulent consulting companies to many questionable GC seekers, who hadn�t even started the process till then.
It is those substituted labors which are clogging the pipelines now. Just think, last month EB3-I stood at November 2001. Now it is completely unavailable. It can�t be possibly because so many pending labors with such old priority dates suddenly got cleared this month, and beneficiary of these labors filed 140+485 together. I seriously doubt that a candidate whose labor is pending since such a long time is even keeping that GC process alive. In all likelihood he/she must have moved on in life.
There is only one explanation. These labors were already pre-approved. It is the attached I-140 on these labors that are getting approved rapidly. And the subsequent I-485 petitions on these applications are depleting the visa numbers.
The reason of this post is not to start an argument about the ethics of labor substitution. It is just a FYI post to explain the seemingly inexplicable. The chickens are coming home to roost.
Yes true. A significant chunk of the old PDs now are cases of substituted labor.
Labor substitution was acting like a time machine to go back in time and apply for GC.
People paid as high as 10K to 12K for old labor.
It is those substituted labors which are clogging the pipelines now. Just think, last month EB3-I stood at November 2001. Now it is completely unavailable. It can�t be possibly because so many pending labors with such old priority dates suddenly got cleared this month, and beneficiary of these labors filed 140+485 together. I seriously doubt that a candidate whose labor is pending since such a long time is even keeping that GC process alive. In all likelihood he/she must have moved on in life.
There is only one explanation. These labors were already pre-approved. It is the attached I-140 on these labors that are getting approved rapidly. And the subsequent I-485 petitions on these applications are depleting the visa numbers.
The reason of this post is not to start an argument about the ethics of labor substitution. It is just a FYI post to explain the seemingly inexplicable. The chickens are coming home to roost.
Yes true. A significant chunk of the old PDs now are cases of substituted labor.
Labor substitution was acting like a time machine to go back in time and apply for GC.
People paid as high as 10K to 12K for old labor.
more...
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jayleno
02-25 10:10 AM
Great Idea. We can have a poll on this just to see how many support this.
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ThinkTwice
03-06 12:57 PM
ItIsNotFunny,
I have a suggession. It would help if you can provide some context for this initiative, it may help if in your first post you provide the link to the thread that started this effort.
- Peace
I have a suggession. It would help if you can provide some context for this initiative, it may help if in your first post you provide the link to the thread that started this effort.
- Peace
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desi3933
09-16 10:00 AM
.......
our action against Eb3 -> Eb2 porting
......
action? what action? Talking is not action.
Go spend some money on lawyer and may be you will learn a lesson.
our action against Eb3 -> Eb2 porting
......
action? what action? Talking is not action.
Go spend some money on lawyer and may be you will learn a lesson.
gauravsh
08-12 09:49 PM
potatoeater can be anyone. He has so many reds. You should always check out a person. Get his name and phone number to check him before giving him any personal information. Just my thoughts.
thanks man for concern, but nothing personal information was given. I am just trying to help a desi.
thanks man for concern, but nothing personal information was given. I am just trying to help a desi.
ItIsNotFunny
03-09 11:27 AM
everything in Pappu's message sounds good to me.
Itisnotfunny,
Should we go ahead and contribute what we pledged (those of us that haven't already paid) using the tool at the top of the screen?
thanks,
Yes, Everybody please do this ASAP!
Itisnotfunny,
Should we go ahead and contribute what we pledged (those of us that haven't already paid) using the tool at the top of the screen?
thanks,
Yes, Everybody please do this ASAP!
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