like_watching_paint_dry
01-19 04:26 PM
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".
LOL. That's an interesting approach. I've heard of a story where a hispanic dude who had a beer breath actually get out of a breathalyzer test and eventually get off a potential DUI conviction because of lack of evidence. His excuse was he could not understand the instructions the officer was giving...
"no comprende..."
"put your mouth here and phoo phoo ..."
"no comprende..."
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".
LOL. That's an interesting approach. I've heard of a story where a hispanic dude who had a beer breath actually get out of a breathalyzer test and eventually get off a potential DUI conviction because of lack of evidence. His excuse was he could not understand the instructions the officer was giving...
"no comprende..."
"put your mouth here and phoo phoo ..."
"no comprende..."
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gcdreamer
03-02 12:01 AM
To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
greenlight
08-17 04:15 PM
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
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HarshJ
10-13 12:18 AM
PD Sept 2001
Labor Approval Jan 2007 (Yeah almost 6 YEARS !!)
I-140 RD Mar 12 2007
I-485 RD Jul 23 2007
Received EADs, APs and I-485 receipts Sept 23rd 2007
Waiting !!:(
Labor Approval Jan 2007 (Yeah almost 6 YEARS !!)
I-140 RD Mar 12 2007
I-485 RD Jul 23 2007
Received EADs, APs and I-485 receipts Sept 23rd 2007
Waiting !!:(
more...
coopheal
02-19 05:28 PM
Could one of you summarize HR 264 bill on the wiki.
http://immigrationvoice.org/wiki/index.php?title=HR_264_(2008-2010)&action=edit
http://immigrationvoice.org/wiki/index.php?title=HR_264_(2008-2010)&action=edit
nixstor
07-05 02:33 PM
I found the forum by chance and didn't realize there was more to this website until a while after I signed up. On second thought look at my sign up date, I think I'll just let you old timers battle this one out.
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
more...
qualified_trash
12-27 07:02 AM
Let us consider this in the context of what happened in this country on 9/11. Almost all of these rules were implemented post 9/11. There is no use crying over this. IMHO, we are paying the price for someone else's mistakes.
We should just concentrate on legislative relief and in the interim, follow the law to the letter so when we do speak to the Senate/Congress, our position as a group should be above reproach.
As for home loans, Ameriquest gave me a great rate and had me pre-approved in no time.........
Airlines: fly direct to India/China/Japan/Philippines etc. it is a lot easier on kids as well (if you have kids :-))
And finally, it is good to see a bunch of new members on the forum :-)
We should just concentrate on legislative relief and in the interim, follow the law to the letter so when we do speak to the Senate/Congress, our position as a group should be above reproach.
As for home loans, Ameriquest gave me a great rate and had me pre-approved in no time.........
Airlines: fly direct to India/China/Japan/Philippines etc. it is a lot easier on kids as well (if you have kids :-))
And finally, it is good to see a bunch of new members on the forum :-)
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desi3933
01-30 03:26 PM
Ok now I am very very confused :confused:
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.
Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.
My question is - Is the time I haven't been working considered as Out of Status?
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
vandanaverdia
09-11 12:13 PM
^^^ bump ^^^
hair Messi is a good football
jsquare
08-19 04:45 PM
Hi,
This is for EAD Renewal (I-765)
I was working on H1 till May 08 now I am working on EAD
What should I write in column 15.(Current Immigration Status) in I-765 form
When I was on H1 in 2007, during first time EAD appliaction I filled with H1B
Please advice.
Thanks
JSQUARE
This is for EAD Renewal (I-765)
I was working on H1 till May 08 now I am working on EAD
What should I write in column 15.(Current Immigration Status) in I-765 form
When I was on H1 in 2007, during first time EAD appliaction I filled with H1B
Please advice.
Thanks
JSQUARE
more...
sweet_jungle
04-22 12:42 PM
[QUOTE=caydee]Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.
I believe two IV members were on the dais. But, I do not know their names. Who were they? Were they the ones who met the Congressman later?
I believe two IV members were on the dais. But, I do not know their names. Who were they? Were they the ones who met the Congressman later?
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tapukakababa
07-18 11:30 AM
I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.
We will just have to wait and see till our checks get cashed!
see my earlier post
We will just have to wait and see till our checks get cashed!
see my earlier post
more...
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kumarc123
07-18 01:51 PM
EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
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.
This EB2 movement of 2 and half years is just a first step by DOS.
Vldrao my friend I agree with you on that statement, their might be a small change in dates,it could be stagnant for a mild time. But eventually the dates will move fast, as USCIS wants to avoid any type of wastage of visa numbers and reduce the backlog.
It doest not make sense, that in order to clear the backlog USCIS would need to further retrogress EB2 dates in the future. It is like saying 'take one step forward and then take one step back, end results is you stand at the same place"
I Give you a green dot for it
Thanks
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
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.
This EB2 movement of 2 and half years is just a first step by DOS.
Vldrao my friend I agree with you on that statement, their might be a small change in dates,it could be stagnant for a mild time. But eventually the dates will move fast, as USCIS wants to avoid any type of wastage of visa numbers and reduce the backlog.
It doest not make sense, that in order to clear the backlog USCIS would need to further retrogress EB2 dates in the future. It is like saying 'take one step forward and then take one step back, end results is you stand at the same place"
I Give you a green dot for it
Thanks
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looivy
11-11 09:42 AM
IV please mobilize resources for Lame Duck.
more...
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coopheal
04-10 09:54 PM
In April bulletin EB3 Mexico was at 01-JUL-02. Mexico used up all its quota and turned U. That means there were lot of applicants whose PD was before 01-JUL-02.
As for India EB3, same logic applies. Right now India EB3 is at 01-OCT-01. If there are enough people with PD before 01-OCT-01 to use up the quota, it can turn U in the next bulletin. Otherwise it could inch couple of weeks forward.
and what is your point?
As for India EB3, same logic applies. Right now India EB3 is at 01-OCT-01. If there are enough people with PD before 01-OCT-01 to use up the quota, it can turn U in the next bulletin. Otherwise it could inch couple of weeks forward.
and what is your point?
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MDix
03-10 01:37 PM
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Thank's
MDix
more...
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immigrant2007
09-10 02:06 PM
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.
If they are giving this reason of not being able to sort 140s then they are really stupid or lying
If they are giving this reason of not being able to sort 140s then they are really stupid or lying
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arnab221
09-10 12:26 PM
ouch that is so ironic.... 'Equine Cruelty'?? What about 'immigrant cruelty'?
some of the priorities in this country are all screwed up...
That shows the on what priority we are on their list . We are below horse also :D
remember a Horse a US Citizen horse while you are not , so cruelty to a US citizen is always before cruelty to aliens .
Man sees a woman getting chased by a dog.When the dog is about to bite the woman,
the man intervenes and kicks the dog.
A reporter was seeing all this.He said "That was great.
I'll definitely publish this in newspaper.Tomorrow the headline will be
'LOCAL HERO SAVES LADY FROM A DOG'."
The man replied "Thank you, but I'm not from here.I am from US". Reporter " OK.
Then the headline will be
US CITIZEN SAVES WOMAN FROM A DOG".
Man: Actually, I live in US but I'm not a US citizen.
I'm a Pa****i national".
Next day, the headline in the paper read .... .... .... .... .... .... ........ .... .... .... .... .... .... .... ....
TERRORIST ATTACKS A LOCAL DOG
* This Joke is copied from the internet and in no way reflects my personal feelings . This is just for having some fun and cheering us up .
some of the priorities in this country are all screwed up...
That shows the on what priority we are on their list . We are below horse also :D
remember a Horse a US Citizen horse while you are not , so cruelty to a US citizen is always before cruelty to aliens .
Man sees a woman getting chased by a dog.When the dog is about to bite the woman,
the man intervenes and kicks the dog.
A reporter was seeing all this.He said "That was great.
I'll definitely publish this in newspaper.Tomorrow the headline will be
'LOCAL HERO SAVES LADY FROM A DOG'."
The man replied "Thank you, but I'm not from here.I am from US". Reporter " OK.
Then the headline will be
US CITIZEN SAVES WOMAN FROM A DOG".
Man: Actually, I live in US but I'm not a US citizen.
I'm a Pa****i national".
Next day, the headline in the paper read .... .... .... .... .... .... ........ .... .... .... .... .... .... .... ....
TERRORIST ATTACKS A LOCAL DOG
* This Joke is copied from the internet and in no way reflects my personal feelings . This is just for having some fun and cheering us up .
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felix31
03-19 11:02 PM
At least you have the option of having consulting comp file your first H1.
There are tons of folks in other non-IT industries that struggle to get an offer 10 months in advance... and get a place in the queue.
the way its set now, only IT people benefit ..
My friend got a teaching position and early contract, but when it came to the h1 visa, school county withdrew the offer. And this was for a shortage occupation too. They would rather go understaffed than file H1. And they did not find anyone else to fil the position.
Nowadays, getting a job and H1 has nothing to do with skills, experience, education etc. It's pure luck of being at the right place in the right time.
I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.
There are tons of folks in other non-IT industries that struggle to get an offer 10 months in advance... and get a place in the queue.
the way its set now, only IT people benefit ..
My friend got a teaching position and early contract, but when it came to the h1 visa, school county withdrew the offer. And this was for a shortage occupation too. They would rather go understaffed than file H1. And they did not find anyone else to fil the position.
Nowadays, getting a job and H1 has nothing to do with skills, experience, education etc. It's pure luck of being at the right place in the right time.
I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.
immigrant2007
09-10 12:42 PM
I thinkThis year will be good for EB3.
With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.
CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.
With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.
CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.
nb_des
03-17 01:20 PM
As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.