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logiclife
12-20 05:50 PM
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.

If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.


Relax !

Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.

Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.

Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?





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nosightofgc
08-10 02:06 PM
Now a days we are seeing more threads related to spill over allocation interpretation etc, but I have not seen any single post by IV Core about this. I am from EB3 community and share the frustration among others.

I see a lot of people suggesting to port from EB3 to EB2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.





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nitlsu
06-12 08:45 AM
Done for me and spouse. We also had ~20 other people in my neighborhood including citizens/GC send this.





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Caliber
01-16 07:37 PM
Date of sign up: Jan. 16, 2007
Subscription Name: Secure $50 Per Month Recurring Contribution Subscription Number: S-09A85447SH728390F

Contributed till now: 300 + 50 = 350

Even my October 2002, NJ EB3 labor was not yet approved. Not that some thing good will happen soon, but by seeing the selfless efforts of the core team especially Aman, I feel sad and hence contributing. I know if some one asks me to spend even one hour time for some social life, I may not do so. But this core team has been tirelessly working and I feel ashamed of myself.

This 485 eligibility to apply will not even benefit me as my labor is stuck with PBEC and I hope all the people waiting with 140 approvals will get benefit.

Thank you Team IV.



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ItIsNotFunny
10-17 02:38 PM
What did we achieve? Didn't come out with common agenda!





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vin13
11-11 05:36 PM
Is there any IV member in DC willing take up this task, while we work on document?

Lets not limit this task for someone who is close to DC. The person close to DC can always represent to visit. But we need support in getting an appointment. Getting an appointment is something that is not limited to only individuals close to DC. Use the help of your congressman to get an appointment or their help to address this issue.

the congressmen have aides who meet their constituents. Department officials need not give appointments to public. So we need some influence to get the appointment. I am meeting my congressman's aide on Nov 20th. But all of us need to do the same. hopefully one or more of us succeed.

We can fine tune the letter in matter of minutes. WE NEED TO WORK ON GETTING THE APPOINTMENT.



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ksiddaba
07-04 07:39 PM
Thanks for the information. It's helpful to understand the ombudsman role. However, it still remains a violation of the law to pull VISA numbers without name check being done, since it has not been approved by Congress, although as you point our, the ombudsman did report to Congress along those lines.

IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.

The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.





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msgrewal81
02-18 06:04 PM
I agree. it makes things easier for illegals and difficult(LC process) for legals.

I have Punjabi background. My uncles came to this country illegally. they always make fun of me that why I came legally. They were all given green cards by Reagan and Clinton.:mad:



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bank_king2003
02-08 02:27 PM
All,

Disclaimer: I am not a ron's associate and he is not even my lawyer. just want to bring this under everyone's observations.

there is a very nice article on ron's site about how USCIS still waste visas. this is a real slavery where due to USCIS inefficiency - hard earning people like us suffer alot and the agony is that noone is there to even listen and stop USCIS from this practice. for details
go to:
Discussion thread for ImmInfo Blog article: DOS explanation of visa controls (http://www.immigration-information.com/forums/general-immigration-questions/9732-discussion-thread-for-imminfo-blog-article-dos-explanation-of-visa-controls.html)

some fine prints from the above discussion wanted to share:

Consider the fact that USCIS purport to have preapproved about 150,000 cases. All of those cases were reported to VO as ready for closure. VO's system automatically generates specific visa numbers for specific cases. If the CIS doesn't use them, they expire and are wasted. Based on the numbers provided so far, it appears that the CIS failed to close out enough EB3 cases and about 3,000 to 5,000 numbers were wasted.

If the CIS does not act on the assignment of individual visa numbers to pre-approved cases, then those numbers are wasted. That appears to be what happened last fiscal year.

by law "unused" visa numbers fall across within a fiscal quarter. So, for example, all of the unused Worldwide EB2 numbers for the first fiscal quarter (Oct - Dec) "fell across" and became available to applicants chargeable to single state limited countries - in this case China and India. If for any reason there were no unused visas in a particular quarter, then there would be no fall across for that quarter. They do not save them up and issue them at the end of the fiscal year.





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feedfront
09-21 12:23 PM
Hi Guys,

I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

Now here is the situation:

I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

OR

should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.



Thanks.

Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.

You can hold your H1 transfer for a week or two till you don't respond.

I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.

I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.

I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.

Good Luck!



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greyhair
03-12 01:55 PM
u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......


Your comments are insensitive and rude. For no particular reason you can't resist adding your unproductive post which adds no value to this discussion.

pappu, Please delete his posts.





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BharatPremi
03-17 02:19 PM
Based on your assumptions, it would take around 2 years to reach Dec 2003 for EB3-India.

# of visas required = 5000 or 6000 * 1.75 = 8750 or 10, 500
# of visas available = 5000
# years of wait until Dec 2003 = 1.75 to 2.1 years.

Right. But here USCIS plays its villain role. What happens is USCIS moves clock ahead depending upon last month's "demand." We always think stramline logic.. USCIS does not work that way. It will kick PD to x date for an example Dec 2002. Now at the same time it will keep RD at say for example july 2001..Now it will keep some files eating dust in Name check so end effect is "Some" will get their gC. So next month, seeing this "demand" USCIS will kick PD further.. same game.. I believe at some level it decides seeing it reaching to "3500" limit put a break. So in reality what happen is even though USCIS kicks PD ahead not "all applicants with valid PD" get their GC. If they are unlucky enough to stuck in name check or RD is not being current, they will again wait for years for next kicking cycle start from April 2001.



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amitjoey
07-05 03:52 PM
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.

Man, $2500 only. That is really pathetic.





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reddog
07-24 09:44 AM
As in, if you have a delivery confirmation from Fedex/UPS does it have any significance? It is still not clear if it will be accepted/ rejected AFAIK.

Have there been any applications that were not even "accepted" because the "packet" suggested it was an AOS application?

More likely, applications can be rejected for being "improperly filed" but you would only come to know about it whenever they are rejected. No one would know this in advance, so no point worrying about it.

This is probably about those people whose packets were returned by USCIS, I know someone whose packet was returned. These people will have to refile(ofcourse). They could not have rejected a case filed on July 2nd(too less a time to open and see if the required documents are in order).



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Guest007
03-12 02:52 PM
No one is accusing IV

All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.

However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.

I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.

I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.

Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.


Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.


There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.


Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.


Thank you

Your frustration is pointed at wrong place. Ideally you should show this kind of frustration on a elected official who promises you something and does not deliver. But in this case IV core is not a eleceted representative for you, all they are doing is providing a platform to fight for a cause. If you have an agenda you start taking the lead for that and IV core will provide the platform to help that. It does not help just being a by stander.





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gbarquero
09-13 11:52 AM
Everyone bring U.S. flags if you can!!! (ONLY U.S. Flags - thanks!!!)

I think this is very important, I asked in the past about it but I got no answer.
It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?



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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





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Sakthisagar
06-11 10:46 AM
Thank You for doing this, Great work.

Sent two times yesterday and today after the change in the content.

May GOD Bless





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arunmohan
01-25 02:52 AM
For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.

BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?

Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...

Hello rajuram;

We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.

Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.

As DallasBlue mentioned to add three items in the email/letter for administrative fixes.

(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back





alterego
09-20 11:03 AM
To summarize this briefly.

The rescue plan = Transfer the "crap" from the balance sheet of the banks to the balance sheet of the US gov't and taxpayers. The government is buying rotting potatos for cold hard cash.

Benefits are nearer term, Consequences are longer term.

Consequensces will be:

1) Bigger deficits, budget especially

2) Less Gov't investments in infrastructure, healthcare, education etc. As the money is needed to feed the interest repayments and other obligations.

3) Higher interest rates for everything from mortgages, credit cards auto loans student loans...... you name it.

4) Higher taxes, federal and state and city.

5) Lower US dollar and higher inflation.

Unfortunately for us the recklessness of the management of the economy of this decade will be felt as a drag on progress, our earnings, taxes, benefits, even stock returns for a good part of our working lifetimes. This was a sad and unnecessary development brought about by pure greed and an ineffective government.





Macaca
01-31 04:35 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?

For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?

Please look at the following post in For NIW and OsR applicants (http://immigrationvoice.org/forum/showthread.php?t=3081).


I am EB2,with an approved I-140 in NIW category.My PD is 16 jan 2003.since last 8 months dates moved only 7 days.I am in a pathetic situation, my children are studying in NY colleges and I am paying out of state tuition for them, I am pursuing my phd, the stamp in my passport expired and I came to India to get extend the dates on my F1, but the visa extension was refused saying when you have approved immigrant petition you cannot extend the non-immigrant visa.

The conflict of interest issue,the consul said you wait till your dates are current then you enter even after being the beneficiaries of my EB2.



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