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Written By muthmmuuuaaanniish on Thursday, June 16, 2011 | 5:32 AM

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  • clear485
    03-27 01:07 PM
    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

    The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

    http://smithgarg.com/article-overcoming-violations.aspx

    Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.

    Above documents are good....but have one concern here....let us assume....

    Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...

    Will it be a problem ?





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  • walking_dude
    11-25 12:16 PM
    It may be the reason March was selected for the DC Rally, despite the cold weather so members have complained about. ( Note : I did not select the date).

    If CIR is coming up in Spring, we need to make our case - by showing good numbers -by the end of winter ; freezing or not. If we don't do that our issue is very highly to get lost in the Border security, employer verification and Legalization/Amnesty. If we finish the public show of strength - DC Rally and the Lobby Day in March, we can be ready to send Web-faxes, make phone calls etc. in Spring to push for our bills.

    During our lobby day and DC Rally efforts, we should get lawmakers to understand our issues and number of people impacted (0.5 million at the least). Once majority of the lawmakers understand that we exist in large numbers, and are facing these problems, they will be more sympathetic when we make those last minute phone calls and faxes.

    If we don't do the DC Rally and Lobby day successfully, chances are lower that they may not be be sympathetic to us without understanding the issue and the large number of people impacted.

    The clock has already started ticking. We have to act fast. If we do nothing, we will miss the boat once again. Will you help IV put Recapture and Visa increase on the upcoming CIR? If we don't, we all have wait several more years for the relief.





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  • logiclife
    01-24 11:31 AM
    If that is a problem...you know...thousands more filing 485 and swamping/drowning/choking/killing CIS, then maybe, in that case, we should not be pushing for SKIL bill also. Correct?

    Because :

    What happens if 485 filing is allowed?
    All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.

    What happens if SKIL bill passes?
    All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
    And they swamp them even more since they also have to process them not just accept those 485 petitions, since SKIL increase numbers and makes those dates current?

    So maybe we should not push for SKIL bill also.

    And let me take that a little further. Maybe we should not ask for any numbers increase, we really should be thinking about USCIS and not just ourselves. How selfish of us to think about ourselves? Its always Me me me.

    Why dont we every stop and think about the poor USCIS worker who has to work 40 hours a week just so that people like us can get our stupid little H1s and EADs renewed ?

    Where were you until now dionysus? How come the other 8500 registered members never ever stop and think about the poor poor USCIS and its workload?





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  • immigrant2007
    07-19 03:05 PM
    Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

    What if the company with your first 140 withdras th applciation (assuming 140 was approved for more than 180 days and I485 is also pending more than 180 days)
    Also when you join the new company what kind of benefits you get in term of Salary/ Position/ Promotion?



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  • eyeswe
    09-04 02:25 PM
    While I may not subscribe to the theory of no work at CIS, if most cases are pre-adj and so the dates have to move forward, I do believe that the 485 is now essentially a two step process
    Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
    You need the PD date to apply to this step 1.

    Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
    And then ..
    Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...

    If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
    They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...

    Just prophesizing....for 2010





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  • cleopatra
    02-17 08:36 AM
    Story 2

    Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.

    "You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.

    I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.

    After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.

    There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.

    At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.

    But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.

    But then I realized, this green card was very dear to me and I had waited patiently to get it. If I do not work towards something that I wanted, who would?

    So I participated completely and did as much as I could to help myself. Our group suceeded and I got my green card. I could continue living the life and dream I wanted.

    When I think back about what went right, I realize now that the reason is I saw the opportunity that presented itself to me - To join others and work together to resolve my problems and grabbed the opportunity and utilized it to my benefit.

    Thinking back, it was actually a no brainer. Once I realized that if I did not do something, nothing was going to change, I started participating. I guess others also thought of it the same way.

    So there was a big crowd in the capital and we explained our problems. It was a sizable number of people explaining the problems. Others who could not make it to the capital contributed in other ways for the event.

    So our problems were recognized and addressed. I got my greencard and later citizenship of this great country. Remember, it was not an easy journey, but once I decided to participate and resolve the problems, it became easy.

    It was a pain to wait for my green card. But once I started participating and working towards the solution and I guess others must have also thought similarly, I was able to get what I wanted.

    So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."

    Which of the above stories do you want to be in?

    Be active. Participate.



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  • sidm
    03-29 07:34 PM
    ^^Who do we contact ....?
    Anyways, it looks like it will be very difficult to do this for people who were forced back into Universities - to do this the current I-20 must be invalidated and a new one issued by the original institution from which the candidate graduated and got the OPT
    Any ideas....?:confused:

    Anyway there still might be some hope in the H1 lottery....





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  • gc_chahiye
    08-06 04:23 PM
    Interesting analysis.

    I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html

    The OP here has found a pattern that builds on that same prediction, and should extend into 2008. If that pattern holds its 6 month jumps initially, then stagnation later by 2nd quarter. Lets see if it does.

    Of course if 10K people do show up at the DC rally, then none of this might be needed. If enough senators can be convinced that what we are facing is really a big problem and easily fixable (atleast recapture of 200K visas and exemption of dependents if not a bump up in annual limits) then the dates will be C C all through 2008.

    All the east-coasters who saw the effect of the San Jose rally: its your turn now to up the ante and go one step ahead. The results of not showing up for that rally is literally a guarantee that only a tiny percentage of us will get I-485 approvals for the next two years!!! and things might improve even with a new president ONLY if we rally then! think about that!! not doing anything is a guarantee of long long waits...

    San Jose rally allowed everyone to file I-485 the DC rally could help everyone get timely approvals!!



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  • div_bell_2003
    01-06 01:55 PM
    Interesting read since my lawyer had informed me specifically that the CBP officer at POE is not supposed to lift one copy of advanced parole, he's supposed to stamp it and hand it back over to me and make a copy for his own records. They have also told me that if a CBP officer looks to lift a copy, we should politely ask him/her if there is any specific reason he needs an original and can't make a copy.

    On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.


    You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.

    When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).

    My advise to you is - take both the copies - you will not regret it.





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  • uppu1977
    05-21 08:18 AM
    If you are driving close to the US border, they will check your documents.

    I have driven to Brownsville, TX several times from Houston, and 150 miles north of the southern border, there is a check post which will stop each & every US bound car for immigration status check.

    My wife & I keep a photocpy copy of all the pages of our passports, I-797's, EAD's even while driving in our city and carry the originals if we are driving out of the city- Just in case if we are asked by a cop or sheriff about our immigration status we don't want to get grilled.



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  • desi3933
    02-11 10:34 AM
    Sanju is correct.

    Look at his posts. He is making up stuff.

    hi everyone..i try to long story short.i came here 2001 with b1 then i stay since date.. 2004 my employer apply for gc. so far i got my i 140 approved notice about about 1 year ago..
    but law we have to wait.they my lawyer said we have wait mayby long time.. my case date is april 2006 ..
    Q1-do i have rigth to work here now?
    Q2-do i have to wait realy long time?
    Q3- can i do anything for waiting time shorter?

    MY lawyer is good man but i can even talk to him when i need

    ...

    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?





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  • gcwanted101
    09-01 12:10 PM
    Hi
    I have my Labor and 140 approved. (140 approved in Jan 2009)
    But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
    So I am planning to request both of this by making FOIA request to DOL and USCIS.
    I have done some ground work for that. Now here are my questions.
    1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
    Or are both of this employer�s petitions?
    2) I have heard that after six month of 140 approvals it become employee petition.
    How much true is that?
    If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.



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  • waitingmygc
    08-27 10:55 PM
    If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.

    Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.

    Be careful and try some way (as suggested above) to know about your I-140. All the best.





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  • nomorelogins
    03-25 04:09 PM
    just remember to keep off any bread that has poppy seeds in it
    :eek:



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  • paskal
    09-11 12:28 AM
    /\/\/\/\/\/\





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  • monikainusa
    03-22 09:46 AM
    Sorry for any confusion. Here are the details :

    My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
    1) what are the options for me
    2) Do they revoke my husband I797 H1 who is in US
    3) What I have to do ..like appeal ..new petition..

    Please advise..



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  • gchandu
    04-12 10:12 AM
    Hi

    I e-filed my EAD and AP at Texas Service centre...did not get any FP notices and both EAD and AP got approved...

    Don't know the logic / rule on when will they issue FP notices and for which category / state of people....

    Thanks
    Chandu

    Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
    Als one more thing "Which USCIS Office?" section which date I need to put there.





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  • irock
    08-03 05:20 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.
    As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.

    btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.





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  • snathan
    04-01 03:18 PM
    Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

    Apply for GC...as you become illegal its easier to get GC. Only people who legal and law obeying to need to be in line for years.





    nozerd
    09-07 09:34 AM
    Just to clarify I will not be working in US at all. I will only work in Canada and getting paid in Canada. I will only come to US for personal reasons (meeting fly etc) not work. Can I use the H1 stamp to enter under those circumstances.





    coolngood4u80
    10-20 12:12 PM
    This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses



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