tinamatthew
07-22 10:50 AM
So, basically if I get a new I-94, am I in status again? Someone mentioned that you should be in status since your last arrival to the US. That was in 2004. So, i was under teh impression that I had to leave the country and return and things would be OK.
If you know, can you PM me any lawyer who you can help in this matter?
Yes when you leave the country you are in status again! for i-485 AOS, USCIS will look at your status since your LAST entry into the country
If you know, can you PM me any lawyer who you can help in this matter?
Yes when you leave the country you are in status again! for i-485 AOS, USCIS will look at your status since your LAST entry into the country
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Harivinder
07-06 04:48 PM
I am in for the flowers thing. However I have a suggestion, sending flowers just to Director U.S. Citizenship and Immigration Services will not help much, we need to draw the attention on congress on this to increase the green card quota and get rid of country quota. Any suggestion how we can draw attention of congress by sending flowers on JULY 10th?
transpass
09-13 11:03 PM
I think we need to cc the same letter to several others including...
USCIS Director,
Zoe Lofgren and other congress representatives ...
USCIS Director,
Zoe Lofgren and other congress representatives ...
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nc14
03-06 11:42 AM
Thanks for taking the initiative. I think we should get this going so that we have some more information on where things stand.
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delhirocks
07-09 12:08 AM
There is no point in sending flowers knowing nothing gonna change. it is like putting flowers to us.
Everyone has a different reason for doing this. I for one do not believe, this will give us any interim benefits. But Iam here for the long haul (2-5 years). I know that if we need to fix the system (get visa cap raised), we have to start somewhere. This will, hopefully get some conversations started in the media/congress. Who knows, this along with other initiatives that IV is undertaking/undertaken along with industry support, we might get it done in a few years.
If not, atleast I would go to bed thinking I tried...
Everyone has a different reason for doing this. I for one do not believe, this will give us any interim benefits. But Iam here for the long haul (2-5 years). I know that if we need to fix the system (get visa cap raised), we have to start somewhere. This will, hopefully get some conversations started in the media/congress. Who knows, this along with other initiatives that IV is undertaking/undertaken along with industry support, we might get it done in a few years.
If not, atleast I would go to bed thinking I tried...
boreal
03-06 07:42 PM
$25.00 from my side, let us know how to pay..
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sri1309
09-12 06:09 PM
Please do not try to thwart the campaign. We are trying to address a specific issue, which is about blocking approvals when dates are current, and for that, we are using this current fiasco as an example. The USCIS memo specifically talks about EB2 india, china applicants on hold. Since EB3 was listed as U, we cannot do anything about it. If both EB2 and EB3 were current, I would have given a call to both. There is no belittling out here. the Circumstances are like that.
EB2 and EB3 are working together in the visa re-cpature.
This is a separate issue, but will be useful when visa re-capture is successful.
Guys,
Lets not strictly follow what USCIS did and did not do in memo. We are all seeing the entire drama for the last 3-4 years.
Every EB3 after a little more experience gets qualified into EB2. Cant the department understand this , which we all do. There is no order. Lets together fight for a common cause and not discrimiate between Eb2 or EB3.
Commonsense rule is , if you are allowing 10 H1s to be processed, then why are you processing only 2-3 Greencards. What abot the remaining 7 and why should they wait, even after 8 years???.
Spillover and quotas are all BS.
Lets raise our voice together and see if they follow some discipline.
Anyone more than 8-10 years of being in the US and who followed the rules with merit deserves citizenship. Lets voice together as a campaign and get it straight. Yes, I am in the US for 9 years now..
Sri.
EB2 and EB3 are working together in the visa re-cpature.
This is a separate issue, but will be useful when visa re-capture is successful.
Guys,
Lets not strictly follow what USCIS did and did not do in memo. We are all seeing the entire drama for the last 3-4 years.
Every EB3 after a little more experience gets qualified into EB2. Cant the department understand this , which we all do. There is no order. Lets together fight for a common cause and not discrimiate between Eb2 or EB3.
Commonsense rule is , if you are allowing 10 H1s to be processed, then why are you processing only 2-3 Greencards. What abot the remaining 7 and why should they wait, even after 8 years???.
Spillover and quotas are all BS.
Lets raise our voice together and see if they follow some discipline.
Anyone more than 8-10 years of being in the US and who followed the rules with merit deserves citizenship. Lets voice together as a campaign and get it straight. Yes, I am in the US for 9 years now..
Sri.
2010 office365
arunkotte
07-17 09:30 PM
Thank you IV for acheiving this.Please IV regularly and update all case status all through the 485 stage.
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oliTwist
02-25 10:56 AM
I am ok with this idea. At this point, I am ok with anythign..SOmething is better than nothing ....
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alisa
02-04 08:03 PM
Look.
I would have to be an absolute moron to contribute to IV, and to work for it, if at the end it costs me more in getting a green card.
So, either you think that IV-ers from ROW are morons. Or you want them to quit, and turn this organization into an Indians-only group.
Its as simple as that. You can quote all the laws in the universe, and come up with all the fancy logic that you want. But what I have said above is what it all boils down to.
No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.
Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.
After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.
The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.
If you read word by word of AC21 rule ..you will understand what I am saying.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter
My intension is simple.
Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.
I would have to be an absolute moron to contribute to IV, and to work for it, if at the end it costs me more in getting a green card.
So, either you think that IV-ers from ROW are morons. Or you want them to quit, and turn this organization into an Indians-only group.
Its as simple as that. You can quote all the laws in the universe, and come up with all the fancy logic that you want. But what I have said above is what it all boils down to.
No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.
Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.
After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.
The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.
If you read word by word of AC21 rule ..you will understand what I am saying.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter
My intension is simple.
Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.
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485Mbe4001
07-10 07:43 PM
it is the uncertainty and the the inability to take long term decisions which are a problem (most issues are well documented) besides i might love my job but in todays environment a company's reciprocation could be fickle and can easily change with a downturn:p.
anyways my pet peeve is that people come here with brillant ideas and when the time comes to do something most of the backers melt away. Some are active for a short period of time and then give up, some read the forums and feel that its a waste. I say this because we meet people, these days most immigrats know about IV.
Just for curiosity: If you love your job and content with your current position, then what is the problem in waiting?
anyways my pet peeve is that people come here with brillant ideas and when the time comes to do something most of the backers melt away. Some are active for a short period of time and then give up, some read the forums and feel that its a waste. I say this because we meet people, these days most immigrats know about IV.
Just for curiosity: If you love your job and content with your current position, then what is the problem in waiting?
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GCWORRIES
04-26 07:38 AM
I think you should consider accepting stories of those you have yet to start their GC process. This gives another perspective, to tell people that even those who are highly qualified and experienced are in two minds whether to file for GC or not. Why this thought? this is because the delays and long wait acts as a deterent. End of the day, if these people are already frustrated at the onset, then they may decide to leave US and seek opportunities elsewhere, leading to loss of such valuable talent to the US. This was explicitly highlighted in yesterday's Judiciary Committee presentations by the four Economists.
While accepting stories from those waiting for GC, please also accept stories from those who are apprehensive of filing due to the delays, hence conveying a reason that US risks losing highly skilled workers should these circumstances continue.
These are my thoughts!
While accepting stories from those waiting for GC, please also accept stories from those who are apprehensive of filing due to the delays, hence conveying a reason that US risks losing highly skilled workers should these circumstances continue.
These are my thoughts!
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test101
07-08 10:46 AM
Just out of curiosity, is anybody working on notifying the media in the US?
Thanks
Thanks
tattoo Office 365, as in the number
radhagd
04-11 01:35 PM
Quote:
__________________
What is RFE?
Request for Further Evidence
__________________
What is RFE?
Request for Further Evidence
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tinamatthew
07-21 01:31 PM
I am new to this forum, so I am joining this tread.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Yes that is correct
Q2. If so, would I have to worry about getting the I-485 approved?
I woudln't worry. You have a valid i-94 and have maintained status all this time
Q3. If not, should I filed for I-485 at all?
You have nothing to loose by filing
Q4. Any suggestions or possiblities to consider?
Did you hand in your first i-94, when leaving the country after overstaying for 10 years?
Thank you.
Hope this helps.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Yes that is correct
Q2. If so, would I have to worry about getting the I-485 approved?
I woudln't worry. You have a valid i-94 and have maintained status all this time
Q3. If not, should I filed for I-485 at all?
You have nothing to loose by filing
Q4. Any suggestions or possiblities to consider?
Did you hand in your first i-94, when leaving the country after overstaying for 10 years?
Thank you.
Hope this helps.
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KiranKashi
08-12 01:20 PM
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nirenjoshi
03-09 01:00 PM
Please log in to the site and contribute. By logging in we can relate your contributions to your ID and confirm it by sending you a PM , Change your status as a donor and give you access to VIP forums when they are created.
I made the contribution before I logged into IV. I guess thats the reason my status doesnt show up as 'donor'. Any way to fix it?
I made the contribution before I logged into IV. I guess thats the reason my status doesnt show up as 'donor'. Any way to fix it?
girlfriend Users with Office 365 accounts
bugmenot
07-06 09:07 PM
Order Number: FNK1821176
Order Date: Friday 07/06/2007
Delivery On: Tuesday 07/10/2007
Delivery To: Emilio Gonzalez
Business
U.S. Citizenship and Immigration Service
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023578100
Gift Message: Thank you for showing a little hope and then taking
it away. We hope you enjoyed it.
u guys are negating the effect of the "gandhigiri" by sending the flowers and then sayin f$#k u for screwing it up, thats a stupid strategy and fails the essence of the "gandhigiri" cAmpaign
Order Date: Friday 07/06/2007
Delivery On: Tuesday 07/10/2007
Delivery To: Emilio Gonzalez
Business
U.S. Citizenship and Immigration Service
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023578100
Gift Message: Thank you for showing a little hope and then taking
it away. We hope you enjoyed it.
u guys are negating the effect of the "gandhigiri" by sending the flowers and then sayin f$#k u for screwing it up, thats a stupid strategy and fails the essence of the "gandhigiri" cAmpaign
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eager_immi
07-06 07:03 AM
Not everybody is afraid of sending flowers. I think you might end up getting a 2 min coverage from one channel nothing more. I find this whole thing pointless. You can yell and scream but you asked for my opinion.
Guys, any reason why we have a whopping 70% of the members not interested in contributing to this idea??
There is nothing illegal or offensive in a humble protest, so why the lack of interest?? Are you worried that you'll be pulled up for a humble protest?
It's not even that expensive to send a bunch of flowers. We have to come together and do something here to implore the USCIS to reform the immigration process. Just lurking around , and not doing anything about this is not going to bring about any reforms to this dysfunctional system.
I would love to know the rationale behind your lack of interest. Appreciate if you can speak up as to why you wouldn't want to join in. Atleast let us know if you have a better idea. Doing nothing and playing the wait-and-see game is probably the worst option.
Guys, any reason why we have a whopping 70% of the members not interested in contributing to this idea??
There is nothing illegal or offensive in a humble protest, so why the lack of interest?? Are you worried that you'll be pulled up for a humble protest?
It's not even that expensive to send a bunch of flowers. We have to come together and do something here to implore the USCIS to reform the immigration process. Just lurking around , and not doing anything about this is not going to bring about any reforms to this dysfunctional system.
I would love to know the rationale behind your lack of interest. Appreciate if you can speak up as to why you wouldn't want to join in. Atleast let us know if you have a better idea. Doing nothing and playing the wait-and-see game is probably the worst option.
deecha
08-09 08:50 AM
Deecha,
1).I came to USA on L1-B in 2003 October and the I-94 was till september-2006.
2). Then i changed my Visa to H1-B in 2005.
3). I was asking my employer to file for change of status from L-1 to H-1.
4). Those guys filed for a new H-1 and sent it to a consulate in India.
5). I was not aware of this and i thought i am legal till september the expiration date on my Visa.
6). Labor got cleared in July-2007.
7). Thought i would file for I-140 and I-485 together and found out that my I-94 was expired since September-2006.
What is the best course of action here to remedy my situation??
Any advice or details of a great Immigration lawyer who dealth with such cases before would be of great help.
Thanks in Advance !!
You're in a tricky situation. If you leave the country now you could possibly face a 3 year ban on entry. If your H1 NOA did not contain a I-94 then you're possibly on unlawful stay. You could however file for a waiver with an explanation, but it is at the consulates discretion. I would find an Immigration lawyer and consult with him/her.
1).I came to USA on L1-B in 2003 October and the I-94 was till september-2006.
2). Then i changed my Visa to H1-B in 2005.
3). I was asking my employer to file for change of status from L-1 to H-1.
4). Those guys filed for a new H-1 and sent it to a consulate in India.
5). I was not aware of this and i thought i am legal till september the expiration date on my Visa.
6). Labor got cleared in July-2007.
7). Thought i would file for I-140 and I-485 together and found out that my I-94 was expired since September-2006.
What is the best course of action here to remedy my situation??
Any advice or details of a great Immigration lawyer who dealth with such cases before would be of great help.
Thanks in Advance !!
You're in a tricky situation. If you leave the country now you could possibly face a 3 year ban on entry. If your H1 NOA did not contain a I-94 then you're possibly on unlawful stay. You could however file for a waiver with an explanation, but it is at the consulates discretion. I would find an Immigration lawyer and consult with him/her.
chanduy9
07-05 02:32 PM
any reason y we are sending these flowers?? On the line of 'Lage Raho.' (An Indian movie where the protogonist preaches non violence and sends flowers instead)...
We are doing it in a nice way...Join us.
We are doing it in a nice way...Join us.
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