Denatured
04-09 07:21 AM
Thanks for the feedback tiinap.
Its sad to see that applications exceeded 20,000 for Masters Quota this year. Its times that this that makes me wish I had applied via labor camps/ consultancies to boost my chances.
Good luck to all on the Lottery.
Its sad to see that applications exceeded 20,000 for Masters Quota this year. Its times that this that makes me wish I had applied via labor camps/ consultancies to boost my chances.
Good luck to all on the Lottery.
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mmanurker
04-14 05:41 PM
Can we propose a bill which would give us - the honest, sincere, law abiding aliens - a time bound path to Green Card and Citizenship?
Political parties only talk and seem to be interested in giving illegals a time bound path to citizenship? They even introduced a "Dream Act" in favour their children. Why should we / our children be sidelined?
Can we request for a bill which would:
1.Grant GC to all EB 2 / 3 class pimary applicants who have completed 8 years of continuous stay in the USA without any criminal record.
2. Provide Citizeship to all EB primary applicants who have completed 12 years of continuous stay without any criminal record
Note:
When the primary applicant is issued a GC / Citizenship, the dependents (spouse and kids) should get the same benefit.
The current system is designed to favour ONLY the employers and the law firms, not the humble, hard working EB class slave who toils.
I think we shud first understand the difference between legislation and amending constitution. What you are suggesting requires amending or re-writing part of fourteenth Amendment of constitution to grant citizenship based on the x number of years of legal stay without going through the process of first getting the permanent resident status. And any attempt to amend the constitution is highly unlikely. Similarly the process of getting GC also falls under this category instead in contrast you can fix the issues more justly through legislation/congressional action which is more realistic to fix the broken immigration system like the visa recapture or removing per country quota or allowing someone to file 485 without thier dates being current etc etc., and that is what IV is working on and is more doable. Pappu or someone from IV, pls correct me if I am wrong.
when getting this through mere legislation itself is such a big task with so much of time, resources, money involved for lobbying imagine asking them to amend the constitution is highly unrealistic.
bottom line work with IV and or come up with ideas that can be resolved via legislation instead of repealing 14th amendment of the constitution. Unless someone here thinks that this can be just implemented via legislation then pls enlighten me....
Political parties only talk and seem to be interested in giving illegals a time bound path to citizenship? They even introduced a "Dream Act" in favour their children. Why should we / our children be sidelined?
Can we request for a bill which would:
1.Grant GC to all EB 2 / 3 class pimary applicants who have completed 8 years of continuous stay in the USA without any criminal record.
2. Provide Citizeship to all EB primary applicants who have completed 12 years of continuous stay without any criminal record
Note:
When the primary applicant is issued a GC / Citizenship, the dependents (spouse and kids) should get the same benefit.
The current system is designed to favour ONLY the employers and the law firms, not the humble, hard working EB class slave who toils.
I think we shud first understand the difference between legislation and amending constitution. What you are suggesting requires amending or re-writing part of fourteenth Amendment of constitution to grant citizenship based on the x number of years of legal stay without going through the process of first getting the permanent resident status. And any attempt to amend the constitution is highly unlikely. Similarly the process of getting GC also falls under this category instead in contrast you can fix the issues more justly through legislation/congressional action which is more realistic to fix the broken immigration system like the visa recapture or removing per country quota or allowing someone to file 485 without thier dates being current etc etc., and that is what IV is working on and is more doable. Pappu or someone from IV, pls correct me if I am wrong.
when getting this through mere legislation itself is such a big task with so much of time, resources, money involved for lobbying imagine asking them to amend the constitution is highly unrealistic.
bottom line work with IV and or come up with ideas that can be resolved via legislation instead of repealing 14th amendment of the constitution. Unless someone here thinks that this can be just implemented via legislation then pls enlighten me....
ItIsNotFunny
06-09 03:56 PM
Advocacy day is going well. There are about 300 meetings being planed between today and tomorrow. Its very hectic in the situation room.
This afternoon USCIS Ombudsman came to meet us in the situation room and spoke with the members. More details and pictures will be posted soon. Stay tuned.
This is one of the most important event conducted. I feel bad that I couldn't attend in person.
Kudos and special thanks to everyone who made this happen.
This afternoon USCIS Ombudsman came to meet us in the situation room and spoke with the members. More details and pictures will be posted soon. Stay tuned.
This is one of the most important event conducted. I feel bad that I couldn't attend in person.
Kudos and special thanks to everyone who made this happen.
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reedandbamboo
09-14 11:43 AM
Here is a comprehensive listing of the contact information for the persons/organizations of import:
1) Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Email: cisombudsman@dhs.gov
2) USCIS Acting Director Jonathan Scharfen (NO MAILING ADDRESS AVAILABLE, possibly we just use the generic service centers mailing address, PLEASE SEE (4) below)
3) USCIS Acting Deputy Director, Michael Aytes (NO MAILING ADDRESS AVAILABLE, use mailing address in (4) below)
For (2) and (3) above:
USCIS Ph: 1-800-375-5283
E-mail: uscis.webmaster@dhs.gov (apparently this email is only for the USCIS website feedback)
4) USCIS Service Centers (NSC, TSC, etc) Customer Feedback:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave, NW
Suite 7000
Washington, DC 20529
email: USCIS-COMPLAINT@DHS.GOV
5) Congresswoman Zoe Lofgren
Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law
http://lofgren.house.gov/emailform.shtml
District Office
635 North 1st Street, Suite B
San Jose, CA 95112
Telephone (408) 271-8700
If you send Congresswoman Lofgren an email, you have to be a constituent of the California 16th Congressional District to receive a response. You can send her an email through a link on her website (see URL above).
6) Speaker of the House Nancy Pelosi
http://www.house.gov/pelosi/contact/contact.html
District Office - 450 Golden Gate Ave. - 14th Floor - San Francisco, CA 94102 - (415) 556-4862
7) President Bush
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Fax: 202-456-2461
1) Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Email: cisombudsman@dhs.gov
2) USCIS Acting Director Jonathan Scharfen (NO MAILING ADDRESS AVAILABLE, possibly we just use the generic service centers mailing address, PLEASE SEE (4) below)
3) USCIS Acting Deputy Director, Michael Aytes (NO MAILING ADDRESS AVAILABLE, use mailing address in (4) below)
For (2) and (3) above:
USCIS Ph: 1-800-375-5283
E-mail: uscis.webmaster@dhs.gov (apparently this email is only for the USCIS website feedback)
4) USCIS Service Centers (NSC, TSC, etc) Customer Feedback:
Assistant Chief
Internal Security and Investigative Operations
USCIS, 111 Massachusetts Ave, NW
Suite 7000
Washington, DC 20529
email: USCIS-COMPLAINT@DHS.GOV
5) Congresswoman Zoe Lofgren
Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law
http://lofgren.house.gov/emailform.shtml
District Office
635 North 1st Street, Suite B
San Jose, CA 95112
Telephone (408) 271-8700
If you send Congresswoman Lofgren an email, you have to be a constituent of the California 16th Congressional District to receive a response. You can send her an email through a link on her website (see URL above).
6) Speaker of the House Nancy Pelosi
http://www.house.gov/pelosi/contact/contact.html
District Office - 450 Golden Gate Ave. - 14th Floor - San Francisco, CA 94102 - (415) 556-4862
7) President Bush
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Fax: 202-456-2461
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akbose
07-17 09:22 PM
Thank You....this is all I can say !!
shree19772000
12-19 03:59 PM
Contributed $20......
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prashantkh
07-05 06:02 PM
Order Number: FNK1819608
Order Date: Thursday 07/05/2007
Delivery On: Tuesday 07/10/2007
Delivery To: Emilio Gonzalez
Business
US Citizenship and Immigration Service
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023071565
Order Date: Thursday 07/05/2007
Delivery On: Tuesday 07/10/2007
Delivery To: Emilio Gonzalez
Business
US Citizenship and Immigration Service
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023071565
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03-09 05:33 PM
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reedandbamboo
09-14 11:54 AM
Most letters should reach in time, make sure you ask for return reciept / signature for receipt - or something similar while mailing the letters at the USPS.
Also, letters to the white house take way longer because of security process - so Bush may read the letter the last, just 2 cents!
Where possible, we should send emails and faxes .. since owing to "security concerns" there WILL be delays with snail mail, running into weeks.
Also, letters to the white house take way longer because of security process - so Bush may read the letter the last, just 2 cents!
Where possible, we should send emails and faxes .. since owing to "security concerns" there WILL be delays with snail mail, running into weeks.
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harivenkat
06-09 12:58 PM
Cant thank you less redds777 for the update and the inspirational account you have provided.
Truly salute all you IV members for your untiring focused effort, dedication, solidarity and commitment you heroes have torrentially outpoured over the last 3 days at the doorstep of these congressmen.
this GC business apart, personally I learnt so many new things in life by attending this event.... this is truly a unique event of its kind.
Thank you every body, thank you.
Truly salute all you IV members for your untiring focused effort, dedication, solidarity and commitment you heroes have torrentially outpoured over the last 3 days at the doorstep of these congressmen.
this GC business apart, personally I learnt so many new things in life by attending this event.... this is truly a unique event of its kind.
Thank you every body, thank you.
more...
alisa
02-04 10:48 PM
Man,
I'll just shut up after this post now. You are obviously incapable of understanding my argument.
I'll continue to assume that IV is working for the interests of all EB based applicants, and not just those belonging to one particular country, especially at the expense of EB3-ROW. And I am pretty confident that the core and the majority of the members of this forum have enough integrity to let people like me know I am mistaken in this belief.
I do not care whether you contribute to IV or not. What I am writing here is law or facts and how it is affecting oversubscribed countries becuse of wrong interpretation of law. I am not here to unite or divide any group. In my level, I am contributing to end retrogression by sending mails to law makers. Even any law passes to remove retro, this misinterpretation of law is screwing Indians and Chinese. A EB2 person from Iran/Iraq/Pakistan with PD 2007 can get GC with in 6 months (right from PERM labor to 485 approval) why should Indian with PD in 2003 has to wait for ever?
My employer hired me not based on citizenship. They hired me based on their requirement for the job and my skills. They do not care, if I am male or female or Indian or Chinese or Iranian or Iraqi or Pakistani or European. I am penalized for just I am Indian not able to adjust LPR even I have priority date in 2003 after a long wait for Labor certification and 140 approvals. However, if I am from other than India and China I would have got GC with in six months even if my PD in late 2006. If a person with a Priority Date 2007 can become LPR immediately in EB2 category even if he is from a state sponsoring terrorism (provided if his background check is cleared). However a person from India having priority date in 2003 can not become LPR and sitting in dark to hope to see the light at the end of tunnel. How fare it is? Is it not the discrimination by country of birth?
I'll just shut up after this post now. You are obviously incapable of understanding my argument.
I'll continue to assume that IV is working for the interests of all EB based applicants, and not just those belonging to one particular country, especially at the expense of EB3-ROW. And I am pretty confident that the core and the majority of the members of this forum have enough integrity to let people like me know I am mistaken in this belief.
I do not care whether you contribute to IV or not. What I am writing here is law or facts and how it is affecting oversubscribed countries becuse of wrong interpretation of law. I am not here to unite or divide any group. In my level, I am contributing to end retrogression by sending mails to law makers. Even any law passes to remove retro, this misinterpretation of law is screwing Indians and Chinese. A EB2 person from Iran/Iraq/Pakistan with PD 2007 can get GC with in 6 months (right from PERM labor to 485 approval) why should Indian with PD in 2003 has to wait for ever?
My employer hired me not based on citizenship. They hired me based on their requirement for the job and my skills. They do not care, if I am male or female or Indian or Chinese or Iranian or Iraqi or Pakistani or European. I am penalized for just I am Indian not able to adjust LPR even I have priority date in 2003 after a long wait for Labor certification and 140 approvals. However, if I am from other than India and China I would have got GC with in six months even if my PD in late 2006. If a person with a Priority Date 2007 can become LPR immediately in EB2 category even if he is from a state sponsoring terrorism (provided if his background check is cleared). However a person from India having priority date in 2003 can not become LPR and sitting in dark to hope to see the light at the end of tunnel. How fare it is? Is it not the discrimination by country of birth?
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needhelp!
11-20 11:22 AM
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leoindiano
08-21 04:50 PM
Funny...fake
In charlotte, Biometrics office is totally different location from local USCIS office. Biometric guys, only look at your receipt and take biometrics...
In charlotte, Biometrics office is totally different location from local USCIS office. Biometric guys, only look at your receipt and take biometrics...
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cinqsit
04-11 10:30 AM
...
I seriously doubt that a candidate whose labor is pending since such a long time is even keeping that GC process alive. In all likelihood he/she must have moved on in life.
...
I think I know a few with PD < 2002 still waiting....Its hard to give up when you have waited so long....
As far as rest of the post it might be true but with USCIS everything is speculative since
this process is so god damn opaque :-(
I seriously doubt that a candidate whose labor is pending since such a long time is even keeping that GC process alive. In all likelihood he/she must have moved on in life.
...
I think I know a few with PD < 2002 still waiting....Its hard to give up when you have waited so long....
As far as rest of the post it might be true but with USCIS everything is speculative since
this process is so god damn opaque :-(
more...
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hsingh82
02-25 04:09 PM
�A journey of a thousand miles begins with a small step.�
~ Lao Tzu (570-490 BC), Famous Inspirational quote by the Chinese Founder of Taoism.
Recently all of us in the IV community were thinking and worrying about what the future holds for skilled immigrants in this country. Day by day things are getting tougher! All of us in IV community (including the leadership) have different ideas about how to approach the problem. Under the IV leadership, we have a set of declared priorities and our lobbyists and community are working for those. Even when we work for those stated goals and priorities, we have to reevaluate what is feasible in the changing environment.
In this increased protectionist environment, Re-Capture, Country Cap Elimination and Immigrant Visa increase seems difficult if not impossible. So, I would like to propose a SMALL STEP, which would provide us HUGE BENEFITS and at the same time satisfy all stakeholders (including anti-immigrant community) as this is the least controversial method.
Some of us may say that this won�t work. Some of us support a big-bang theory. Some others argue for the already stated goals and priorities from the IV leadership team. I agree with all these groups of our brethren, but at the same time, I urge each and every member of our community to give a serious consideration of this proposal before shooting it down.
Please do not use this thread to point fingers at one another. Always remember, when you point fingers at someone, three of your fingers are pointing towards you and one stays neutral. Please try to avoid statements like the following in your reply to this post to encourage serious and productive discussion:
�Why didn�t you update your profile with all information?�
�What have you done so far for the community?�
�Did you participate in these so and so initiatives of IV?�
�You are a line cutter who used substitution�
Etc etc etc�the list goes on.
We have far more things that unite all of us than the few things that divide us. So, let us focus only those things that unite all of us. If we are united, we can easily solve all our differences. As AR Rahman said, always we have the option of choosing love over hate.
PROPOSAL
Our main concern with respect to GC journey is the UNCERTAINITY! I am sure all of us worried at least one time �What happens if my 485 gets denied after all these years of waiting?� Many of us here are expecting a GC wait time of 2-12 years. So, a denial at the end would be little bit disheartening.
The normal processing time of a 485 application ranges from 4 months to 12 months. For all the retrogressed countries, this would be 2-12 years. All of us, who are in the Adjustment of Status category, are legally allowed to stay and work here in the US. So, in no way we are additional burden to the country. So, all the shackles on the GC applicant and family during the years of retrogression period are not beneficial to anyone in this country and it is not protecting anyone�s job. These shackles just inflict pain to the GC applicant and family � that's all - nobody is benefitting from this!
So, if we can work to obtain Adjudication of all I-485s irrespective of whether the country is retrogressed or not � we have a solution. As per the INS rules, an immigrant VISA cannot be allocated outside the numerical limit. If the country is not under retrogression, the applicant will get his GC. If the applicant�s country is a retrogressed one, instead of obtaining the Green Card, I-485 processing-status could be changed to a new one such as �Adjudicated � Pending Visa Allocation� (meaning: Adjudication completed, Visa allocation pending). So, in essence, when the VISA numbers are available, then only the person will get Green Card. But at the same time, the applicant and family can feel the relief � No need to worry about RFE, NOID, MTR etc, because the 485 is already approved and it is in a Pending Visa Allocation status. So, in the case of all these retrogressed countries, the actual allocation of Green Card may take 2-12 years time depending on the availability. This option will go well with the protectionists.
If the status of the 485 application is �Adjudicated � Pending Visa Allocation� and the applicant�s country is a retrogressed one, S/he should be eligible to obtain 3, 4 or 5 year EADs with travel benefits associated. Also, the applicant should be able to take any job after 1 year of the status change date of the status �Adjudicated � Pending Visa Allocation�.
I believe the above proposal is a small step in the eyes of the protectionists where as it is a big leap for all retrogressed country applicants. We may be able to achieve this using administrative fix or an action from the Executing branch, as this won�t change the annual GC quota of 140000. Apart from this, this will encourage all those skilled immigrants to invest in American economy within 1-2 years of filing AOS application. At present most of us are sending our money to our home countries as our situation is so uncertain. This effort will definitely help the ailing economy and will serve as a boost to the housing market.
Whom should we approach to get this done?
Ans: Hillary � Yes Hillary Clinton. She is the number 1 friend of people from China and India, who is in the current administration. Her department is also in charge of the 140K Visa numbers, Travel related visas etc. If we can get support from Compete America, prominent members of Indian and Chinese communities in US, Ambassadors of China and India to US and approach Hillary, we will be successful. Hillary may be very much pleased to start an initiative to achieve this, as she has a chance to influence 700K+ Indians and Chinese immigrants in US, in a very positive way. At the same time, politically this won�t create much problem � Status quo will remain the same � even after such an administrative fix. There is no net addition of immigrants to this country.
With Hillary�s support, if we approach Janet Napolitano, we may have a solution.
Remember: �A journey of a thousand miles begins with a small step.�
So, once we obtain this admin fix (first step), then we will work to obtain the Allocation of GC issue for all those folks who are waiting to get the GC allocated.
Every progress starts from a dream. So, if someone would like to call this a dream, please feel free to!
Smart thinking.... excellent idea!!!!!!!! Looks like so many people are impressed by it that IV DB server is having issues when I try to submit the reply :)
~ Lao Tzu (570-490 BC), Famous Inspirational quote by the Chinese Founder of Taoism.
Recently all of us in the IV community were thinking and worrying about what the future holds for skilled immigrants in this country. Day by day things are getting tougher! All of us in IV community (including the leadership) have different ideas about how to approach the problem. Under the IV leadership, we have a set of declared priorities and our lobbyists and community are working for those. Even when we work for those stated goals and priorities, we have to reevaluate what is feasible in the changing environment.
In this increased protectionist environment, Re-Capture, Country Cap Elimination and Immigrant Visa increase seems difficult if not impossible. So, I would like to propose a SMALL STEP, which would provide us HUGE BENEFITS and at the same time satisfy all stakeholders (including anti-immigrant community) as this is the least controversial method.
Some of us may say that this won�t work. Some of us support a big-bang theory. Some others argue for the already stated goals and priorities from the IV leadership team. I agree with all these groups of our brethren, but at the same time, I urge each and every member of our community to give a serious consideration of this proposal before shooting it down.
Please do not use this thread to point fingers at one another. Always remember, when you point fingers at someone, three of your fingers are pointing towards you and one stays neutral. Please try to avoid statements like the following in your reply to this post to encourage serious and productive discussion:
�Why didn�t you update your profile with all information?�
�What have you done so far for the community?�
�Did you participate in these so and so initiatives of IV?�
�You are a line cutter who used substitution�
Etc etc etc�the list goes on.
We have far more things that unite all of us than the few things that divide us. So, let us focus only those things that unite all of us. If we are united, we can easily solve all our differences. As AR Rahman said, always we have the option of choosing love over hate.
PROPOSAL
Our main concern with respect to GC journey is the UNCERTAINITY! I am sure all of us worried at least one time �What happens if my 485 gets denied after all these years of waiting?� Many of us here are expecting a GC wait time of 2-12 years. So, a denial at the end would be little bit disheartening.
The normal processing time of a 485 application ranges from 4 months to 12 months. For all the retrogressed countries, this would be 2-12 years. All of us, who are in the Adjustment of Status category, are legally allowed to stay and work here in the US. So, in no way we are additional burden to the country. So, all the shackles on the GC applicant and family during the years of retrogression period are not beneficial to anyone in this country and it is not protecting anyone�s job. These shackles just inflict pain to the GC applicant and family � that's all - nobody is benefitting from this!
So, if we can work to obtain Adjudication of all I-485s irrespective of whether the country is retrogressed or not � we have a solution. As per the INS rules, an immigrant VISA cannot be allocated outside the numerical limit. If the country is not under retrogression, the applicant will get his GC. If the applicant�s country is a retrogressed one, instead of obtaining the Green Card, I-485 processing-status could be changed to a new one such as �Adjudicated � Pending Visa Allocation� (meaning: Adjudication completed, Visa allocation pending). So, in essence, when the VISA numbers are available, then only the person will get Green Card. But at the same time, the applicant and family can feel the relief � No need to worry about RFE, NOID, MTR etc, because the 485 is already approved and it is in a Pending Visa Allocation status. So, in the case of all these retrogressed countries, the actual allocation of Green Card may take 2-12 years time depending on the availability. This option will go well with the protectionists.
If the status of the 485 application is �Adjudicated � Pending Visa Allocation� and the applicant�s country is a retrogressed one, S/he should be eligible to obtain 3, 4 or 5 year EADs with travel benefits associated. Also, the applicant should be able to take any job after 1 year of the status change date of the status �Adjudicated � Pending Visa Allocation�.
I believe the above proposal is a small step in the eyes of the protectionists where as it is a big leap for all retrogressed country applicants. We may be able to achieve this using administrative fix or an action from the Executing branch, as this won�t change the annual GC quota of 140000. Apart from this, this will encourage all those skilled immigrants to invest in American economy within 1-2 years of filing AOS application. At present most of us are sending our money to our home countries as our situation is so uncertain. This effort will definitely help the ailing economy and will serve as a boost to the housing market.
Whom should we approach to get this done?
Ans: Hillary � Yes Hillary Clinton. She is the number 1 friend of people from China and India, who is in the current administration. Her department is also in charge of the 140K Visa numbers, Travel related visas etc. If we can get support from Compete America, prominent members of Indian and Chinese communities in US, Ambassadors of China and India to US and approach Hillary, we will be successful. Hillary may be very much pleased to start an initiative to achieve this, as she has a chance to influence 700K+ Indians and Chinese immigrants in US, in a very positive way. At the same time, politically this won�t create much problem � Status quo will remain the same � even after such an administrative fix. There is no net addition of immigrants to this country.
With Hillary�s support, if we approach Janet Napolitano, we may have a solution.
Remember: �A journey of a thousand miles begins with a small step.�
So, once we obtain this admin fix (first step), then we will work to obtain the Allocation of GC issue for all those folks who are waiting to get the GC allocated.
Every progress starts from a dream. So, if someone would like to call this a dream, please feel free to!
Smart thinking.... excellent idea!!!!!!!! Looks like so many people are impressed by it that IV DB server is having issues when I try to submit the reply :)
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dwhuser
08-12 03:37 PM
Looks like I'll need to make a trip, hope it's worth the effort...no harm in giving a try...:)
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shyamgedela
07-21 12:51 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?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
I found the Eligibility requirements for I-485 AOS in the Code of Federal Regulations here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c
You will find the eligibility list at 8 CFR Part 245, Section 1. Most of the eligibility requirements are based on the validity of your status since your last entry. There is a clause in there (8 CFR 245.1 (b)(10)) that seems a bit draconic but it seems to apply only to people who were working. I did not find clauses that search that far back into your status history but you might want to take a look yourself.
-----------------
Contrib $100
PD Aug 2006
I-140 AD Feb 2007
Applied for I-485 July 2
I am not a lawyer and am not responsible for the veracity of the claims related to immigration law I make in my posts, or their consequences. Please consult a lawyer for accurate information.
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?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
I found the Eligibility requirements for I-485 AOS in the Code of Federal Regulations here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c
You will find the eligibility list at 8 CFR Part 245, Section 1. Most of the eligibility requirements are based on the validity of your status since your last entry. There is a clause in there (8 CFR 245.1 (b)(10)) that seems a bit draconic but it seems to apply only to people who were working. I did not find clauses that search that far back into your status history but you might want to take a look yourself.
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Contrib $100
PD Aug 2006
I-140 AD Feb 2007
Applied for I-485 July 2
I am not a lawyer and am not responsible for the veracity of the claims related to immigration law I make in my posts, or their consequences. Please consult a lawyer for accurate information.
hairstyles Kelly stepped up to the
arbhaat
11-11 05:23 PM
Do you want to let a illegal nanny dictate your situation? Your unfortunate situation because you hired a illegal nanny which resulted in your child get beaten up further mess you?
Thant's just a substance-less argument guys.
The question is whom do you want to be dictating the terms of your life? - (illegal) Nanny, your (legal) immigrant status in the foreign country or your own set of values/principles/views? take a pick.
Thant's just a substance-less argument guys.
The question is whom do you want to be dictating the terms of your life? - (illegal) Nanny, your (legal) immigrant status in the foreign country or your own set of values/principles/views? take a pick.
santb1975
11-20 11:53 PM
The house looks really cleen :D
housekeeping - i mean BUMP
housekeeping - i mean BUMP
jsb
08-14 02:15 PM
Your PD is not yet current.
If they have issued GC to you, it was a mistake and you should report it to USCIS to avoid future problems.
There were several discussions on this forum about this issue.
Report to USCIS ASAP that you have been approved by mistake.
I thought with PD of 2004 by now you should be well aware of how Visa bulletins work. :confused:
Either you went into hibernation after filing for your GC back in 2004 or you are just faking your profile.
If your PD was current, but they didn't give you a visa, that is a mistake. Why should someone report getting a visa is a mistake? He applied for the visa, he/she got it. Is it his/her job to watch USCIS? What future problems should he/she expect for getting a visa?
Further, it is great mis-impression that everyone who applies for a GC watches visa bulletins, or knows how they work. I for one, knew nothing about visa bulletins, or EB1,2,3 etc. until the Washington rally. When my LC was filed, I only knew that my GC has been filed, and it would take years. At that time, even until recently, I never even expected a GC would come before I would decide to go back. There is a higher percentage of those who don't watch VB than those who do. I know many in my circle, who are waiting for GC but never bother about VB. Some don't even have emails. Perhaps VB watching is more prominent among computer guys.
If they have issued GC to you, it was a mistake and you should report it to USCIS to avoid future problems.
There were several discussions on this forum about this issue.
Report to USCIS ASAP that you have been approved by mistake.
I thought with PD of 2004 by now you should be well aware of how Visa bulletins work. :confused:
Either you went into hibernation after filing for your GC back in 2004 or you are just faking your profile.
If your PD was current, but they didn't give you a visa, that is a mistake. Why should someone report getting a visa is a mistake? He applied for the visa, he/she got it. Is it his/her job to watch USCIS? What future problems should he/she expect for getting a visa?
Further, it is great mis-impression that everyone who applies for a GC watches visa bulletins, or knows how they work. I for one, knew nothing about visa bulletins, or EB1,2,3 etc. until the Washington rally. When my LC was filed, I only knew that my GC has been filed, and it would take years. At that time, even until recently, I never even expected a GC would come before I would decide to go back. There is a higher percentage of those who don't watch VB than those who do. I know many in my circle, who are waiting for GC but never bother about VB. Some don't even have emails. Perhaps VB watching is more prominent among computer guys.
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