lazycis
12-21 06:14 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.
Also, read 8 USC 1255(k)
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if�
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.
Also, read 8 USC 1255(k)
(k) Inapplicability of certain provisions for certain employment-based immigrants
An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if�
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien�s admission.
Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D
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Ramba
07-14 06:01 PM
Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
This is aboslutly incorrect. Dont spread false information.
Here is the Q&A in USCIS memo abot changing employer before 180 days
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate
snakesrocks
09-10 06:16 PM
Hey Yall,
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
The House Judiciary Committee today completed mark up of four immigration bills:
H.R. 6020 would provide immigration benefits for immigrant soldiers and their families; (Rep. Zoe Lofgren, D-CA and Rep. Mac Thornberry R-TX)
H.R. 5882 would recapture employment-based and family-sponsored immigrant visas lost to bureaucratic delays; (Rep. Zoe Lofgren, D-CA and Rep. F. James Sensenbrenner, Jr., R-WI)
H.R. 5924 would provide 20,000 employment-based visas per year for three years specifically for nurses; (Rep. Robert Wexler, D-FL and Rep. F. James Sensenbrenner, Jr., R-WI)
HR 5950 would ensure basic medical care for immigration detainees; (Rep. Zoe Lofgren, D-CA and Rep. Lincoln Diaz-Balart, R-FL)
These bills now must await determinations by the Rules Committee as to how much debate will be allowed and whether floor amendments will be allowed, and if so , how many.
There is no assurance that any of these bills will make it to the floor of the House for a vote. If one or more of them should pass, the Senate would have to act very quickly as there are no parallel Senate measures pending.
While this is a positive step forward, the odds remain heavily against passage of any of these as "stand alone" legislation this year.
__________________
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
The House Judiciary Committee today completed mark up of four immigration bills:
H.R. 6020 would provide immigration benefits for immigrant soldiers and their families; (Rep. Zoe Lofgren, D-CA and Rep. Mac Thornberry R-TX)
H.R. 5882 would recapture employment-based and family-sponsored immigrant visas lost to bureaucratic delays; (Rep. Zoe Lofgren, D-CA and Rep. F. James Sensenbrenner, Jr., R-WI)
H.R. 5924 would provide 20,000 employment-based visas per year for three years specifically for nurses; (Rep. Robert Wexler, D-FL and Rep. F. James Sensenbrenner, Jr., R-WI)
HR 5950 would ensure basic medical care for immigration detainees; (Rep. Zoe Lofgren, D-CA and Rep. Lincoln Diaz-Balart, R-FL)
These bills now must await determinations by the Rules Committee as to how much debate will be allowed and whether floor amendments will be allowed, and if so , how many.
There is no assurance that any of these bills will make it to the floor of the House for a vote. If one or more of them should pass, the Senate would have to act very quickly as there are no parallel Senate measures pending.
While this is a positive step forward, the odds remain heavily against passage of any of these as "stand alone" legislation this year.
__________________
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snathan
08-21 03:54 PM
luvschocolates...
I really feel sorry for you. I understand your issue and wish we can help you...but things are really complicated in your case. But unfortunately this is how the USCIS is working and immigration is completely broken. Please iginore these guys and get legal help. May be you can contact Sheela Murthy law firm. Its expensive but no other option. Or post your issues in their web site or Ron gotcher's web site. He might be able to guide you in this.
Thanks
I really feel sorry for you. I understand your issue and wish we can help you...but things are really complicated in your case. But unfortunately this is how the USCIS is working and immigration is completely broken. Please iginore these guys and get legal help. May be you can contact Sheela Murthy law firm. Its expensive but no other option. Or post your issues in their web site or Ron gotcher's web site. He might be able to guide you in this.
Thanks
more...
vin13
11-12 05:35 PM
VIN13
Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.
What else you want us to do?
Thanks.
Best would be to meet your lawmakers. It is not too hard to get an appointment. You may be able to meet the lawmaker's aide. Just explain the situation and ask for their help to resolve.
A big help would be for someone to post contact details for some of the officials (USCIS, DOS, Ombudsman). We would be able to pass this information to the senator's aides or fax/mail the letter directly.
Thanks
Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.
What else you want us to do?
Thanks.
Best would be to meet your lawmakers. It is not too hard to get an appointment. You may be able to meet the lawmaker's aide. Just explain the situation and ask for their help to resolve.
A big help would be for someone to post contact details for some of the officials (USCIS, DOS, Ombudsman). We would be able to pass this information to the senator's aides or fax/mail the letter directly.
Thanks
god_bless_you
12-13 07:40 AM
Whats the advice on this from core group?
can we start mass web faxing USCIS for rule change?
can we start mass web faxing USCIS for rule change?
more...
kavita
12-11 04:02 PM
Kumar,
I am sorry if my choice of words hurt you in any way.
I am a physician and I know there is shortage of physicians in US. At my place, we are looking for new candidates all the time. I am sure my employer realises the importance of a number of Indian physicians who have filled their advertised positions time and again, thanks to education system in India and a population big enough to be able to send some to US.
It will be different if US lawmakers start to blame Indian or China for huge populations, and I doubt they will ever do. If they do, only then I will think of going back. Just because they bailed out bank or now automakers, does not mean that what is going on with legal immigrants is justified.
I feel the major philosophy of immigration voice is to remove discrimination based on country of origin. So lets stick to that and try to make our case to the lawmakers.
Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
I am sorry if my choice of words hurt you in any way.
I am a physician and I know there is shortage of physicians in US. At my place, we are looking for new candidates all the time. I am sure my employer realises the importance of a number of Indian physicians who have filled their advertised positions time and again, thanks to education system in India and a population big enough to be able to send some to US.
It will be different if US lawmakers start to blame Indian or China for huge populations, and I doubt they will ever do. If they do, only then I will think of going back. Just because they bailed out bank or now automakers, does not mean that what is going on with legal immigrants is justified.
I feel the major philosophy of immigration voice is to remove discrimination based on country of origin. So lets stick to that and try to make our case to the lawmakers.
Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
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indianindian2006
07-14 05:52 PM
PD: Jan 2006
Category: EB2
As suggested by many you should talk to a attorney.You are covered by AC21,also on your point of not working with your ex-employer for 180 days again a smart attorney could guide you thru this as sometimes green card can be filed for future employment after the green card is approved.
Best of luck.
Category: EB2
As suggested by many you should talk to a attorney.You are covered by AC21,also on your point of not working with your ex-employer for 180 days again a smart attorney could guide you thru this as sometimes green card can be filed for future employment after the green card is approved.
Best of luck.
more...
pappu
07-01 09:32 PM
At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
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tikka
06-12 10:21 AM
Here is a link ...that does talk about issues related to legal immigration ...IV is also mentioned in this article
http://www.ibnlive.com/news/world/06_2007/bush-gives-indian-immigrants-hope-42746.html
Thank you
http://www.ibnlive.com/news/world/06_2007/bush-gives-indian-immigrants-hope-42746.html
Thank you
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kenpat
02-21 04:49 PM
Guys,
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
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gc4me
03-19 09:20 AM
This makes no sense to me. 300K LC was pending @backlog centers and all of them have PD 2005 and earlier. Non RIR was processed at the end and 90% of them are EB3. Considering 50% ROW, at least 100K EB3 ROW LCs out there with PD 2005 and earlier. And then comes the PERM LCs. At least another 50K EB3 ROW PERM LCs with PD 2005 out there. With limited EB3 ROW available visa each year (140K total, after retrogressed countries and spill over etc, not more than 40K each year), I see no reason for USCIS to move ROW to current.
According to attorney Ron Gotcher Eb2 India will move up in coming months and EB3 ROW (Rest Of the World) will be current very soon. In that case, the excess EB3 ROW numbers will go to heavily retrogressed countries. This attorney's prediction is 100% correct for the April VB.
See the link.http://www.immigration-information.com/forums/showthread.php?t=4285&page=24
According to attorney Ron Gotcher Eb2 India will move up in coming months and EB3 ROW (Rest Of the World) will be current very soon. In that case, the excess EB3 ROW numbers will go to heavily retrogressed countries. This attorney's prediction is 100% correct for the April VB.
See the link.http://www.immigration-information.com/forums/showthread.php?t=4285&page=24
more...
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sam_hoosier
07-02 12:51 PM
I support it.
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pappu
07-01 10:09 AM
fyi
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
more...
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amitps
09-26 11:27 AM
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
IV Leaders and Core are working on it...but feel free to call her / email her.
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
IV Leaders and Core are working on it...but feel free to call her / email her.
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nomi
12-13 12:21 PM
I am sure that the IV core has already explored this option. We need some kind of feedback from them.
===============
First they ignore you, then they laugh at you, then they fight you, then you win.
- Mohandas Gandhi
Slogan of the Linux community
Sure... we will wiat for IV Core Team and their approval. I am writing letter to USCIS and then I will paste it here so you guys can also see and we can fix it and add or remove stuff from it and once we make it final then we will give it to core team so they can look and approve it or change it if they want. I will paste it here once i am done. Let keep it moving untill we get some feedback from core team .
thx.
nomi
===============
First they ignore you, then they laugh at you, then they fight you, then you win.
- Mohandas Gandhi
Slogan of the Linux community
Sure... we will wiat for IV Core Team and their approval. I am writing letter to USCIS and then I will paste it here so you guys can also see and we can fix it and add or remove stuff from it and once we make it final then we will give it to core team so they can look and approve it or change it if they want. I will paste it here once i am done. Let keep it moving untill we get some feedback from core team .
thx.
nomi
more...
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sayantan76
08-23 11:10 AM
Hi, I hope somebody helps in my dilemma.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
i am not a lawyer -so get expert opinion.....
but the logic of L1A becoming instantly invalid for someone already in US office if the foreign office closes does not sound logical, even by USCIS standards. I would suggest taking a good 2nd opinion.
Also - if you are in L1A - you should technically qualify for EB-1 which is current for all countries and if that category applies to your situation - you would not need to go through Labor Cert - a couple of friends of mine got their GC in less than 90 days using the EB1 route.
All the best!
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
i am not a lawyer -so get expert opinion.....
but the logic of L1A becoming instantly invalid for someone already in US office if the foreign office closes does not sound logical, even by USCIS standards. I would suggest taking a good 2nd opinion.
Also - if you are in L1A - you should technically qualify for EB-1 which is current for all countries and if that category applies to your situation - you would not need to go through Labor Cert - a couple of friends of mine got their GC in less than 90 days using the EB1 route.
All the best!
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venky321
02-13 06:12 PM
This is ridiculous; no one asked you to come to this country.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
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sbay2006
07-27 07:33 AM
Really need urgent help on this. These folks are asking me to sign a 1 year contract with them. Wanted to ask if anybody has any experience with this company.
Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...
Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...
mi2
01-17 03:43 PM
Setup through my bank.
Good job IV!
Good job IV!
mpadapa
09-26 11:39 AM
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
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