sweet23guyin
10-16 10:49 AM
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wallpaper Naruto Shippuden: Dragon Blade
at0474
12-21 07:56 PM
lazycis,
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.
Thanks.
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.
Thanks.
shreekhand
07-09 06:47 PM
Remember this is internal DoS regulation and not a US Code or Law. They can change at any time and way they want to.
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
2011 Naruto Shippuden: Dragon Blade
wandmaker
08-21 04:34 PM
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
Most of the people here are under employment based green cards - So, I would recommend get yourself an attorney.
Most of the people here are under employment based green cards - So, I would recommend get yourself an attorney.
more...
NKR
10-16 05:04 PM
I think you know pretty well what I am talking about. USCIS has not "reacted" in any malicious way against the immigrant community wrt. to July 07 actions. If you find they have done so they will be severely answerable to various laws in the country. Do you think the lawyers will keep quite when they sense blood in the water? There has been no "reaction" by USCIS, except as a figment of imagination in the minds of this community.
What happened to your sense of judgment, whoever said that USCIS is doing it maliciously? They reacted for sure but within legal boundaries. I do not understand why you keep twisted people�s answers.
USCIS has always gone by RD, not PD to a large extent (there have been deviations here and there, but none of them are due to policy issues).
That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.
Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn�t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.
PD based processing is not sustainable as I had highlighted before. If you applied for 485 before someone else, you should be approved first. Now I am saying applied for 485, not Labor/Perm. Now dont come back with a post saying I applied July 2 00:01, but someone with July 3rd 23:55 is getting approved before I am. Afford some granularity of a week or so.
Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?
I did not say USCIS is "doodh ka dula", but DoL and USCIS are two different entities. You cant blame one for the problems of the other. USCIS has its share of blames, but to blame everything on USCIS just shows that you have lost your objectivity. You don't want to be blamed for the actions of your colleague, so why do you blame USCIS for things which are not their doing??
Just because I said USCIS is doing something wrong (not following processing order..) doesn�t mean I said that DOS did something right.. you keep assuming things..
If you keep blaming USCIS for everything (I am sure some of you want to blame the economic crisis, the Darfur issue etc. on USCIS too, come on!, you know you wanted to ;) ), the community's credibility comes into question.
Again you are running your imagination wild, who blamed all the other things on USCIS?..
End of the day, you (and/or others) are distracting the OP's idea with FUD. If you have constructive ideas to channel OPs enthusiasm you should suggest alternatives. Not make her/him fearful with untenable accusations of retribution from USCIS.
Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching�.
What happened to your sense of judgment, whoever said that USCIS is doing it maliciously? They reacted for sure but within legal boundaries. I do not understand why you keep twisted people�s answers.
USCIS has always gone by RD, not PD to a large extent (there have been deviations here and there, but none of them are due to policy issues).
That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.
Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn�t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.
PD based processing is not sustainable as I had highlighted before. If you applied for 485 before someone else, you should be approved first. Now I am saying applied for 485, not Labor/Perm. Now dont come back with a post saying I applied July 2 00:01, but someone with July 3rd 23:55 is getting approved before I am. Afford some granularity of a week or so.
Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?
I did not say USCIS is "doodh ka dula", but DoL and USCIS are two different entities. You cant blame one for the problems of the other. USCIS has its share of blames, but to blame everything on USCIS just shows that you have lost your objectivity. You don't want to be blamed for the actions of your colleague, so why do you blame USCIS for things which are not their doing??
Just because I said USCIS is doing something wrong (not following processing order..) doesn�t mean I said that DOS did something right.. you keep assuming things..
If you keep blaming USCIS for everything (I am sure some of you want to blame the economic crisis, the Darfur issue etc. on USCIS too, come on!, you know you wanted to ;) ), the community's credibility comes into question.
Again you are running your imagination wild, who blamed all the other things on USCIS?..
End of the day, you (and/or others) are distracting the OP's idea with FUD. If you have constructive ideas to channel OPs enthusiasm you should suggest alternatives. Not make her/him fearful with untenable accusations of retribution from USCIS.
Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching�.
god_bless_you
12-13 11:46 AM
I think you should write an e-mail to the core team to get their attention on this idea.
Do you think no one from core team reading this thread??
Do you think no one from core team reading this thread??
more...
varshadas
02-09 09:34 PM
http://profiles.numbersusa.com/profile_state.php3?District=NJ
For other states, use
http://profiles.numbersusa.com/
Mike Ferguson whom we met today was pro legal immigration, If anyone is or knows someone in Morris County, please contact Garrett, Scott. I think first we should target the greens (lower immigration intent) and then target the others.
As you can see the Southern states like Lousiana, Texas have many greens.
Thanks,
Varsha
For other states, use
http://profiles.numbersusa.com/
Mike Ferguson whom we met today was pro legal immigration, If anyone is or knows someone in Morris County, please contact Garrett, Scott. I think first we should target the greens (lower immigration intent) and then target the others.
As you can see the Southern states like Lousiana, Texas have many greens.
Thanks,
Varsha
2010 Naruto Shippuden: Dragon Blade
jprangi
07-03 02:10 PM
Hello All,
This whole story is a mess. USCIS is very much wrong on what they did. We all ended up in spending hundreds of thousands of dollars and on average one week of time to file the application. Few people took off from their work to complete the application on time. Few people paid as much as $700 for medical.
I have seen tons of blogs on internet and every blogs is talking about the same things.
Even though there are hundreds thousands of people were suffered. I don't see a single line on any major new web website or TV news channels. I doubt if any senator even knows how USCIS has been torturing (emotionally as well as financially) good, educated, responsible, and legal residents.
Dont you think its time to wake up and scream so loudly that these deafs can
hear and feel the pain.
Dont you think its time to help yourself. Forget about your employers, its not in their benefit to fight for you.
Dont you thinks its time for US citizens to know what their great US govt ( lovely responsible senators) are doing for legal resident. They are working hard to make illegals (out of them so many are criminals) legal. Giving hard time to legals.
Dont you think its time to tell every one that what can happen to America if we go mad and do system maintenance by running the command "rm -rf /*"
MAY BE ITS THE TIME TO COME ON ROADS IN LA, Chicago, NY, and Washington DC.
Its time to tell them that we can do it and we can do it very hard.
Its time to stop beating around bush and do something useful.
Just some thought..
-JP
This whole story is a mess. USCIS is very much wrong on what they did. We all ended up in spending hundreds of thousands of dollars and on average one week of time to file the application. Few people took off from their work to complete the application on time. Few people paid as much as $700 for medical.
I have seen tons of blogs on internet and every blogs is talking about the same things.
Even though there are hundreds thousands of people were suffered. I don't see a single line on any major new web website or TV news channels. I doubt if any senator even knows how USCIS has been torturing (emotionally as well as financially) good, educated, responsible, and legal residents.
Dont you think its time to wake up and scream so loudly that these deafs can
hear and feel the pain.
Dont you think its time to help yourself. Forget about your employers, its not in their benefit to fight for you.
Dont you thinks its time for US citizens to know what their great US govt ( lovely responsible senators) are doing for legal resident. They are working hard to make illegals (out of them so many are criminals) legal. Giving hard time to legals.
Dont you think its time to tell every one that what can happen to America if we go mad and do system maintenance by running the command "rm -rf /*"
MAY BE ITS THE TIME TO COME ON ROADS IN LA, Chicago, NY, and Washington DC.
Its time to tell them that we can do it and we can do it very hard.
Its time to stop beating around bush and do something useful.
Just some thought..
-JP
more...
uma001
07-29 01:50 PM
I think you are talking out of frustration. Take your emotion out and think rationally. Why it takes 3-4 years for you to understand they are not going to start the GC process. Once its evident in 1-2 years they are giving all damn excesses...don�t you need to start looking for other opportunity. They might be ethically wrong but its not illegal. Again you are just venting your frustration.
Yup, I tried...it happened once, why cant it happened twice or thrice. No gaurantee.
Yup, I tried...it happened once, why cant it happened twice or thrice. No gaurantee.
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deepimpact
09-10 01:53 PM
If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
more...
goel_ar
08-08 09:47 AM
I work at one of these companies & they applied for my GC.
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ItalySeAaTapki
03-07 01:12 PM
Attorneys make their living by scaring people. They may not always be sharper than an IT professional like you.
Rajiv had in one call said"I do not know why we are charging as much for such a simple thing. Unless there are complications, you can do it yourself"
Unless there are complications, look for good templates on immigration.com forums. You can as well spend that money on better things.
Rajiv had in one call said"I do not know why we are charging as much for such a simple thing. Unless there are complications, you can do it yourself"
Unless there are complications, look for good templates on immigration.com forums. You can as well spend that money on better things.
more...
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Jaime
09-10 12:04 PM
Are you saying that whoever is happy in their job without a GC is in a closet or jail?Only if you plan to remain in the U.S. permanently and you don't like the fact that you'll have to wait for many years without the ability to get a salary raise or promotion, without your spouse being able to work (if you have one) and being forced to leave the U.S. immediately if you get laid off.
If you are perfectly happy with your H1-B job and planning to stay in the U.S. only temporarily, then no, you are not in a jail or closet. But 99% of us are.
If you are perfectly happy with your H1-B job and planning to stay in the U.S. only temporarily, then no, you are not in a jail or closet. But 99% of us are.
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Jaime
09-12 11:39 PM
Tri-State and neighboring states, you can definitely make it to DC easily! What's stopping you? Let's go! Let's make the rally a historic event!!!! TOGETHER WE CAN!!!!
more...
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rpatel
07-24 02:38 PM
jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?
we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
I dont think anyone should make this a personal issue and try to boast that he/she has complete understanding of the underlying issue while make it seem like everyone else is a buffon. The last thing we want here is people turning against each other and calling names....I can understand that in these trying times we all need some form of vindication to keep our self confidence high...but trying to put the other guy down is not going to get you any respect. Now that was the shrink in me...
I still say whats wrong is trying to get the procedure changed in a way that USCIS will accept I485 form (forget even the EAD) give you a receipt notice and only act on it once the visa number is available. They certainly seem to have some authority in making rules regarding how and when to accept form, as has been seen in early I129 acceptance and concurrent filing issues ?
we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
I dont think anyone should make this a personal issue and try to boast that he/she has complete understanding of the underlying issue while make it seem like everyone else is a buffon. The last thing we want here is people turning against each other and calling names....I can understand that in these trying times we all need some form of vindication to keep our self confidence high...but trying to put the other guy down is not going to get you any respect. Now that was the shrink in me...
I still say whats wrong is trying to get the procedure changed in a way that USCIS will accept I485 form (forget even the EAD) give you a receipt notice and only act on it once the visa number is available. They certainly seem to have some authority in making rules regarding how and when to accept form, as has been seen in early I129 acceptance and concurrent filing issues ?
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geesee
01-16 05:18 PM
...
For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
...
Good one :)
I can certainly feel the tension that you shared in your story... recently we had few layoffs in our group...and i had to go thro the same.. more than GC, these days i am really waiting for some improvement in overall market...
For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
...
Good one :)
I can certainly feel the tension that you shared in your story... recently we had few layoffs in our group...and i had to go thro the same.. more than GC, these days i am really waiting for some improvement in overall market...
more...
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chanduv23
12-27 04:36 AM
I liked NW/KLM too. Absolutely no hassles. I hear that NY-Dubai non-stop flight through Emirates is also good, though it is slightly expensive.
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
Thnx for the info. I am travelling JFK - Dubai - Chennai tomorrow in the NY - Dubai non stop. I did apply for a transit visa because I may step out of the airport, but as such, I was told, if I am not stepping out of the airport, there is no need for a transit visa.
NWA , I would say, must be used as the last resort. The flight is lousy and the staff is bad. But then no transit visa issues.
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
Thnx for the info. I am travelling JFK - Dubai - Chennai tomorrow in the NY - Dubai non stop. I did apply for a transit visa because I may step out of the airport, but as such, I was told, if I am not stepping out of the airport, there is no need for a transit visa.
NWA , I would say, must be used as the last resort. The flight is lousy and the staff is bad. But then no transit visa issues.
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belmontboy
02-14 02:49 AM
Donot abuse the word "Ethnic cleansing". Our situation is nowhere close to being called that.
Whatever is happening right now is Darwin's theory at work - "Survival of the fittest".
Boom in financials, jobs that were spawned by housing, all needs to be corrected.
Its going to be one helluva ride, buckle to your seats folks. I hope we emerge strong from all these.
Good luck and may god bless us all.
Whatever is happening right now is Darwin's theory at work - "Survival of the fittest".
Boom in financials, jobs that were spawned by housing, all needs to be corrected.
Its going to be one helluva ride, buckle to your seats folks. I hope we emerge strong from all these.
Good luck and may god bless us all.
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pappu
12-27 08:56 AM
Here is the link where I posted in Chinese
http://www.mitbbs.com/mitbbs_article_t.php?board=Immigration&gid=14675155&ftype=0&dingflag=1e link where I posted in Chinese
Thank you very much. pls help us further by posting in various other chineese websites. We want this organization to have more members from other nationalities.
http://www.mitbbs.com/mitbbs_article_t.php?board=Immigration&gid=14675155&ftype=0&dingflag=1e link where I posted in Chinese
Thank you very much. pls help us further by posting in various other chineese websites. We want this organization to have more members from other nationalities.
invincibleasian
01-27 10:19 PM
The country caps ensure equal distribution of immigrants from all parts of the world and not only the countries which have poured in immigrants in the last few decades.
lazycis
12-21 10:03 PM
lazycis,
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.
Thanks.
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".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
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.
Thanks.
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".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
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