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".
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h1techSlave
03-17 02:15 PM
I have listened to a couple of speaches by Bernake in NPR. Basically that guy is completely in the blank on how to handle the economy. He simply says, we are in this mess, because the lendors were very lenient. Fed measures such as interest rate cut and pumping money into the banking system is causing the dollar to fall thus further weakening the economy.
I say, we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 100, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars :D. Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy. I think we should also write to Wall Street journal and all major news paper organizations about this.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
I say, we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 100, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars :D. Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy. I think we should also write to Wall Street journal and all major news paper organizations about this.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
genius
11-21 08:51 PM
Guy..i am just too tired of waiting ...but will still keep working towards it...
i wanted some suggestions...my laywer screwed up my H1B by putting up a wrong start date due to which my application was returned by USCIS and I cud not make it FY 2007.I am currently on my OPT which expires in May 2007.I was wondering whether there was a way other than coming back on F1.
Thanks in advance.!!
i wanted some suggestions...my laywer screwed up my H1B by putting up a wrong start date due to which my application was returned by USCIS and I cud not make it FY 2007.I am currently on my OPT which expires in May 2007.I was wondering whether there was a way other than coming back on F1.
Thanks in advance.!!
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gc_kaavaali
12-21 06:27 PM
Hi,
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
more...
Eternal_Hope
03-09 04:47 PM
Both 1A and 2A category for Family Based (sons, daughters, spouse - of citizens and green card holders) has better dates (15th Aug 02, 15th Aug 2004) than EB-2 India, and EB-3 India.
This is so preposterous, words cannot even begin to describe this absurdity.
So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.
Do the lawmakers have no common sense left atall??
This is so preposterous, words cannot even begin to describe this absurdity.
So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.
Do the lawmakers have no common sense left atall??
ashwin_27
06-13 12:10 AM
If this has not been done already..a good idea might be to spread this message among the hundreds of International Student (including Indian/Chinese) associations. They are already having trouble entering as graduates into a tough job market and this anti-H1B proposal will only make things worse...no additional incentive for students to join this IV initiative. I will forward to my alma mater and couple of other student associations I am aware of.
more...
Rajeev
01-17 02:59 PM
I just signed up for a monthly contribution of $20.
Also contributed $100 in Dec 06.
Also contributed $100 in Dec 06.
2010 Racy Vanessa Hudgens exposes
sprajulu
07-01 04:11 PM
We all should request politely to end this country specific reservations.
more...
Dakota Newfie
07-03 12:20 PM
As I said, I expected to be "attacked" when I submitted my posts which only proves my point since the attacks are only coming from a "select group"; remember, the more you criticize my opions, the more you prove I'm right!
That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.
That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.
hair More drama for Vanessa Hudgens
GCAmigo
12-27 06:55 PM
So you were in Amsterdam for 1 day. ;) Did you visit any of the legal hesh bars? (Just kiddin).
all the stranded formed a group & wnet around the city.. so didn't get he chnace to venture out.. we did go thru' the 'main' area though.. & yes that evening Hooland lost their Worldcup soccer game too..
all the stranded formed a group & wnet around the city.. so didn't get he chnace to venture out.. we did go thru' the 'main' area though.. & yes that evening Hooland lost their Worldcup soccer game too..
more...
mheggade
07-18 04:17 PM
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
vdlrao,
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
vdlrao,
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
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japan21
03-10 08:42 PM
To be able to use the AC21, should the I-140 be already approved for 180 days or more?
more...
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Legal_In_A_Limbo
03-10 11:10 AM
Guys.....if you want to change representation to self in your 485 case, you do not need to file a form G-28......G-28 is for lawyers seeking permission to represent you. You do not need a permission for yourself............all you have to do is send USCIS a letter saying all future correspondence should be done with you and you are representing yourself on this case hereon....follow up after a month after sending the letter to ensure they have changed you as the point of contact on the case........If you are substituting your current lawyer by another one, then you need a new G-28
coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?
I will really appreciate that.
coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?
I will really appreciate that.
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prioritydate
12-20 07:03 PM
Please lookup 245(k).
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html
So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.
Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.
Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).
However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.
One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.
Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
more...
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chanduv23
09-19 02:46 PM
What if 485 was not filed but have an approved 140? Economy is taking big hits on the all the consulting firms even the big ones.I know this because I work for one and I was told budget spending on IT is going to be really tight moving forward for another couple of years espcially in financial sector.
Its going to be tough for everyone. Service industry is one such industry. try to avoid FT jobs in wall street.
Its going to be tough for everyone. Service industry is one such industry. try to avoid FT jobs in wall street.
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amitgeorge
03-13 11:17 PM
by far the best battle i have seen in recent times
great work
great work
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saileshdude
09-14 03:27 PM
Hi Abd,
Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.
Thanks.
Here is detail. i changed job based on AC21 portability. Did not file papers.
Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.
A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.
Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.
Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
The application for adjustment has been pending for more thna 180 days and
the new permanent position is in same or similar occupational classification as original employment.
If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
:) Working with attorneys to get the papers ready....
Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.
Thanks.
Here is detail. i changed job based on AC21 portability. Did not file papers.
Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.
A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.
Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.
Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
The application for adjustment has been pending for more thna 180 days and
the new permanent position is in same or similar occupational classification as original employment.
If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
:) Working with attorneys to get the papers ready....
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pcjandyala
09-26 11:01 PM
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a
protest of
the long delays in securing green cards for highly-skilled workers
already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a
protest of
the long delays in securing green cards for highly-skilled workers
already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
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desi3933
05-26 05:12 PM
I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?
The requirement for US citizen - oral declaration. That is right, when someone says that he/she is US citizen or US national, the burden is on authorities to prove otherwise.
______________________
US citizen of Indian origin
The requirement for US citizen - oral declaration. That is right, when someone says that he/she is US citizen or US national, the burden is on authorities to prove otherwise.
______________________
US citizen of Indian origin
optimist578
01-31 01:46 PM
If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?
What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?
What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?
snathan
11-13 01:28 AM
It not about law... it is about following the law...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
Count me in for this...
If you want quick action shoot letters ALL AT THE SAME TIME.... Just decide the name and the address of recipients .... Attach the copy of the rule and write the letter .....
Just make enough noise so that they can not ignore this rule...
Count me in for this...
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