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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reddog
09-19 11:50 AM
nojoke, do you even have a job?
why on earth are you so worried.
Your rants are getting endless, you are spreading pessimism everywhere. like you were a hedge fund manager and are going to file bankruptcy.
btw, during the dotcom thing, just the telecom company hit was close to $750 billion. And with the big VC funded ventures completely got wiped out, the losses were much large.
also the people that were affected, huge job losses. thousands of people showing up at small job fairs. it was a recession. economies go into recession, and come out of it.
And media likes pessimism, they like destruction, mayhem. If you have not figured that out yet, it is time.
yes, some of the concerns are valid, but you talk like nostradamus, as if you know whats happenin. like the country is going to pack its bags and every citizen is going back to where their ancestors came from. get real.
economies fail, its how much time it takes to bounce back is what matters.
I would say just chill, spend quality hours at your job then you did before, keep it secure, spend time with your family. live your life happily.
We are citizens of the world and with the globalization that has spread, the ripple effect is going to be felt far and wide.
These Investment banks has presence in over 50 countries worldwide.
You can run, but you cannot hide.
Everybody understands that we get this ups and down. The cycles once in a while gets bad. Very bad. We had great depression. This could be a great depression for the financial market. Lehman, which has survived 150 years and many economic cycles closed 2 days ago. So did Bear strerns fold. The dotcom bubble is what - 100 billion max? 200 billion? Here we are talking about trillion dollars.
FDIC has only 50 billion. It can cover a big bank like washington mutual. Can it take another big bank? Wachovia?
This time it is not going to strengthen US position. China is talking about creating a separate world currency and they are not happy with US currency. If china dumps, dollars, a lot of countries will follow.
This is just financial institues. It will have ripple effect on rest of the economy.
FDIC doesn't protect more than 100K if you open different accounts in the same bank. However joint accounts and beneficiary can get you protected for 200K.
why on earth are you so worried.
Your rants are getting endless, you are spreading pessimism everywhere. like you were a hedge fund manager and are going to file bankruptcy.
btw, during the dotcom thing, just the telecom company hit was close to $750 billion. And with the big VC funded ventures completely got wiped out, the losses were much large.
also the people that were affected, huge job losses. thousands of people showing up at small job fairs. it was a recession. economies go into recession, and come out of it.
And media likes pessimism, they like destruction, mayhem. If you have not figured that out yet, it is time.
yes, some of the concerns are valid, but you talk like nostradamus, as if you know whats happenin. like the country is going to pack its bags and every citizen is going back to where their ancestors came from. get real.
economies fail, its how much time it takes to bounce back is what matters.
I would say just chill, spend quality hours at your job then you did before, keep it secure, spend time with your family. live your life happily.
We are citizens of the world and with the globalization that has spread, the ripple effect is going to be felt far and wide.
These Investment banks has presence in over 50 countries worldwide.
You can run, but you cannot hide.
Everybody understands that we get this ups and down. The cycles once in a while gets bad. Very bad. We had great depression. This could be a great depression for the financial market. Lehman, which has survived 150 years and many economic cycles closed 2 days ago. So did Bear strerns fold. The dotcom bubble is what - 100 billion max? 200 billion? Here we are talking about trillion dollars.
FDIC has only 50 billion. It can cover a big bank like washington mutual. Can it take another big bank? Wachovia?
This time it is not going to strengthen US position. China is talking about creating a separate world currency and they are not happy with US currency. If china dumps, dollars, a lot of countries will follow.
This is just financial institues. It will have ripple effect on rest of the economy.
FDIC doesn't protect more than 100K if you open different accounts in the same bank. However joint accounts and beneficiary can get you protected for 200K.
bigboy007
06-11 12:36 PM
Don’t think you understand so let me give it a shot.
Let’s be smart, think for ourselves and act on our own behalf to send simple message requesting the Senate offices to oppose this amendment. What is so complicated about this? And if you don't want to participate, that's fine, but why would you discourage others from sending a simple message to the Senators from their state? Don't you have anything better to do?
Great explanation , Thank you for posting.
Let’s be smart, think for ourselves and act on our own behalf to send simple message requesting the Senate offices to oppose this amendment. What is so complicated about this? And if you don't want to participate, that's fine, but why would you discourage others from sending a simple message to the Senators from their state? Don't you have anything better to do?
Great explanation , Thank you for posting.
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pcs
04-20 03:20 PM
Pl. send me the contact tel nos & names
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immique
07-13 02:03 AM
the date is July 8th 2008 and NOT 2007 as you mentioned. July 8th 2008 is when USCIS submitted the list to the State Department regarding the demand for visa numbers. please do not confuse this with July visa bulletin developments of last year.
This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08, 2007 by setting PD to Jun 01, 2006.
Documentarily Qualified might possibly imply:
.. Medically OK
.. FP and Name Check OK
.. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
.. Requires No RFE
.. Requires no interview
.. Just requires GC (Visa) Number
My 2 cents input
This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08, 2007 by setting PD to Jun 01, 2006.
Documentarily Qualified might possibly imply:
.. Medically OK
.. FP and Name Check OK
.. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
.. Requires No RFE
.. Requires no interview
.. Just requires GC (Visa) Number
My 2 cents input
Legal
07-04 09:17 PM
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
In their "normal" pace they would be giving finishing touches and slowly releasing them over the course of next 12 months! Do you agree?
But they worked overnight and weekend to finish up and deny benefits to the July filers? Therein lies the problem. what do you think?
In their "normal" pace they would be giving finishing touches and slowly releasing them over the course of next 12 months! Do you agree?
But they worked overnight and weekend to finish up and deny benefits to the July filers? Therein lies the problem. what do you think?
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svr_76
02-19 10:59 PM
I'm one of those who say with pride that I can create jobs and buy houses. Then why will not congress or policy makers not touch this. As some here said it depends upon what we think about ourselves. I know many people who like to work under someone even after 10-15 years, my brother is like that, and I know many more like me who want to start companies, employ many people, and do bigger things. Both may be right in their own ways, but if you project yourself like me, then the doors will open.. Show enterprise..
Definitely enterprising candidates do have the perfect carved out visa category for this purpose EB5. Show them a plan to create jobs and get bank to approve of your plan as being profitable and feasible, to extend you a line of credit and you'll get ur GC in 1 year.
Its pure politics here..the current bill is an attempt to garner more ethnic votes...e.g.
UPA never initiates action to press hard for deportation of bangla immigrats (undocumented aliens) in India because those aliens are from a particular community and UPA wants to capitalize on the valid votes that Indian citizen from the same community provide them.
Definitely enterprising candidates do have the perfect carved out visa category for this purpose EB5. Show them a plan to create jobs and get bank to approve of your plan as being profitable and feasible, to extend you a line of credit and you'll get ur GC in 1 year.
Its pure politics here..the current bill is an attempt to garner more ethnic votes...e.g.
UPA never initiates action to press hard for deportation of bangla immigrats (undocumented aliens) in India because those aliens are from a particular community and UPA wants to capitalize on the valid votes that Indian citizen from the same community provide them.
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eeezzz
02-15 02:57 PM
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
I believe HV000 is either favor of per country quotas, nor is he a glutton for punishment. He sees the concept and current rule of this country, not just himself.
Your the other post said you just want GC in a shorter time. Can I ask you who want GC in a longer time or who doesn't want it in a shorter time?
Who determine the best jobs are? and who determine the best people are?
The "Equal Opportunity" word is really for Americans to read. Until you get your GC, that is not really for you.
Think about this, if the annual limit is 100, the country limit is 7%. Because it has processed 7 people so it closes the door and you think that is not fair. Do you take a look at the others who have to wait in line because 100 limit is hit even thought there's not one single case is approved for his country? USCIS is not processing one for each country at a time. Do you know your line is actually might already taken advanatge on other lines?
State this is not for fight something, but want to remind you the fair you think might not be fair to others. If you want to play the game, you have to follow the rules. If the rules are not clear, we fight for making clear rule. If you fight for rules to benefit you, that is taking advantage on others.
Increase the annual limit and recapture unused Visa from the past years are what we should push right now. But it is just a solution for only resolve problem for people who are currently stuck in I-485. After run out of recaptured Visa, the pipe will get stuck again.
I personally think the country limit will not change and if country limit is the policy, it should start at PERM, not just at I-485.
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
I believe HV000 is either favor of per country quotas, nor is he a glutton for punishment. He sees the concept and current rule of this country, not just himself.
Your the other post said you just want GC in a shorter time. Can I ask you who want GC in a longer time or who doesn't want it in a shorter time?
Who determine the best jobs are? and who determine the best people are?
The "Equal Opportunity" word is really for Americans to read. Until you get your GC, that is not really for you.
Think about this, if the annual limit is 100, the country limit is 7%. Because it has processed 7 people so it closes the door and you think that is not fair. Do you take a look at the others who have to wait in line because 100 limit is hit even thought there's not one single case is approved for his country? USCIS is not processing one for each country at a time. Do you know your line is actually might already taken advanatge on other lines?
State this is not for fight something, but want to remind you the fair you think might not be fair to others. If you want to play the game, you have to follow the rules. If the rules are not clear, we fight for making clear rule. If you fight for rules to benefit you, that is taking advantage on others.
Increase the annual limit and recapture unused Visa from the past years are what we should push right now. But it is just a solution for only resolve problem for people who are currently stuck in I-485. After run out of recaptured Visa, the pipe will get stuck again.
I personally think the country limit will not change and if country limit is the policy, it should start at PERM, not just at I-485.
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saimrathi
07-03 04:18 PM
When we are already doing the work (sending flowers, calling senators & media etc), why should we pay IV? Also, I would feel more comfy donating to something where I can see where the money is going.. I'm not well versed with the website, but is there a place I can get financial info from.. Thnks..
I understand your concern, it could be a waste of time and might not get us relief, but look, we have been trying to raise awareness and get media attention. And this law-suit will definately get us attention and open up debate about legal-immigrants.
Lawsuit against USCIS, generates a lot of media articles and also the wrong-doing will be highlighted and brought to the administration's attention.
I understand your concern, it could be a waste of time and might not get us relief, but look, we have been trying to raise awareness and get media attention. And this law-suit will definately get us attention and open up debate about legal-immigrants.
Lawsuit against USCIS, generates a lot of media articles and also the wrong-doing will be highlighted and brought to the administration's attention.
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go_gc_way
12-28 12:48 PM
For Detroit you can use http://miindia.com.
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
WillIBLucky, thank you. I have posted the classified. Just curious, why did not you post it.... I am thinking how can this be made easier to post on web sites, that's all.
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makemygc
06-12 02:55 PM
very well said, some people here say (or is it hope) that getting an amendment introduced and passed is as simple as buying a ticket to a movie. After all the shock treatment given to us by durbin, kyl, kennedy some people just want more shock treatment
So what do you suggest exactly? Kill CIR and come up with Skill or some new bill. If in your opinion getting an ammendment itself in CIR is difficult then you can image the state of getting altogether a new bill solely for the GC, as if the senate or House cares.
In my opinion, our only hope is getting attached to a big bill, CIR or whatever. Rowing alone..we can never cross this sea of retrogression. You know the kind of funding that we have. When it comes to funding very few comes forward.
So what do you suggest exactly? Kill CIR and come up with Skill or some new bill. If in your opinion getting an ammendment itself in CIR is difficult then you can image the state of getting altogether a new bill solely for the GC, as if the senate or House cares.
In my opinion, our only hope is getting attached to a big bill, CIR or whatever. Rowing alone..we can never cross this sea of retrogression. You know the kind of funding that we have. When it comes to funding very few comes forward.
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Jaime
09-13 01:48 AM
C -u -n -dc!!!!!!!!!!
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imh1b
11-16 04:25 PM
To the original poster of this thread: Why don't you go to court first.
I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.
Has the lawsuit been filed yet?
Someone please post updates on the lawsuit.
I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.
Has the lawsuit been filed yet?
Someone please post updates on the lawsuit.
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reddymjm
03-18 08:39 AM
Its more than 5 yrs now I started my GC process.
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smuggymba
09-10 06:05 PM
smuggymba
what happened to your earlier PD. I think it was in mid 2004 or so, correct?
no sir, this is my first PERM ever. I used to work for a big 4 consulting firm and they only apply in Eb3 so moved to another American client company. Just filed 140 this week.
what happened to your earlier PD. I think it was in mid 2004 or so, correct?
no sir, this is my first PERM ever. I used to work for a big 4 consulting firm and they only apply in Eb3 so moved to another American client company. Just filed 140 this week.
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waitnwatch
07-13 12:00 PM
"Why does Murthy publicize such a letter?" - well it means that she has a client base who needs to know what she is doing in her capacity as thier attorney. Second - there are thousands of Murthy.com members who are neither her client nor her well wishers - but who go to her site to find what is going on latest in the world of Immigration. Not to discredit anyone's effort in this issue - ask any immigrant or potential immigrant into this country about immigration related question, I can guarantee you that they have gained almost all thier knowledge about the process from Murthy.com site. Intended or unintended - the message to DHS is welcome, particularly at this time, be it from whoever.
Anyone who has been a regular murthy.com visitor knows that her site consists of all her interactions with all the Agency people and government officials regarding immigration. Its called the "Internet". People post stuff - period! If it is meant to garner attention, yes, people will post messages. Its far better than a bunch of goof balls posting in youtube about thier experience with coke and spearmint. Please come out of the caves - people.
You've agreed with my notion that this is just another posting on the internet. I surely agree with that. On the other hand this letter does not "add" or "subtract" much from the debate. In other words it doesn't have more value than say a letter from you. Of course if there is a response from the DHS secretary to the letter then one can definitely say there is great value in this letter.
Also note that the importance or usefulness of this letter has nothing to do with Murthy's forum. One can also add intent to why she set up that forum but that is not the point of this discussion. Also your statement about all immigrants getting their immigration knowledge from murthy is interesting although again that has nothing to do with this discussion.
Anyway this ultimately will lead nowhere..........I donot have an issue with Murthy writing a letter and posting it on her website. My problem is with this thread on IV which is trying to give that letter a warped perspective of importance.
Anyone who has been a regular murthy.com visitor knows that her site consists of all her interactions with all the Agency people and government officials regarding immigration. Its called the "Internet". People post stuff - period! If it is meant to garner attention, yes, people will post messages. Its far better than a bunch of goof balls posting in youtube about thier experience with coke and spearmint. Please come out of the caves - people.
You've agreed with my notion that this is just another posting on the internet. I surely agree with that. On the other hand this letter does not "add" or "subtract" much from the debate. In other words it doesn't have more value than say a letter from you. Of course if there is a response from the DHS secretary to the letter then one can definitely say there is great value in this letter.
Also note that the importance or usefulness of this letter has nothing to do with Murthy's forum. One can also add intent to why she set up that forum but that is not the point of this discussion. Also your statement about all immigrants getting their immigration knowledge from murthy is interesting although again that has nothing to do with this discussion.
Anyway this ultimately will lead nowhere..........I donot have an issue with Murthy writing a letter and posting it on her website. My problem is with this thread on IV which is trying to give that letter a warped perspective of importance.
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vivid_bharti
05-06 09:25 PM
Can you please brief us regarding what action IV has taken...
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
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Legal
07-04 08:40 PM
I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.
new legislation is needed to change that.
new legislation is needed to change that.
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saroj76
07-28 03:38 PM
Lord Ganesha picture on the India Pale Ale is a warning symbol. It means that if you drink too much beer, do not exercise, and use mouse as your vehicle then your belly will be as big as Lord Ganesha's belly LOL
Hi all,
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
Hi all,
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
bigboy007
06-19 05:11 PM
its illegal to take color photocopies of driver licences, ONLY send b/w
Jaime
09-10 12:27 PM
Your employer is exploiting you and you want to change jobs, but can't - Your employer is exploiting your H1-B status by underpaying you and overworking you, and perhaps even withholding your visa papers from you. Most people in that situation would have left and gotten another job, but you can't because then you'd have to start your green card process all over again, and not all companies will sponsor you for a GC either.
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